Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1998-12-01

Eighth Assembly First Session 01/12/1998 Parliamentary Record No. 13
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Date : 01/12/1998
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1. MEETING:
      The Assembly met at 10:00 h. The Speaker, the Honourable L M Braham, took the Chair.

2. PRAYERS.

3. BROADCASTING OF ASSEMBLY PROCEEDINGS – STATEMENT:
      Madam Speaker advised honourable Members that her permission had been given for 8 Top – FM Radio to broadcast live the speech by the Deputy Chief Minister on Planning for Growth II and reply by the Leader of the Opposition.
4. DISTINGUISHED VISITORS:
      Madam Speaker advised Honourable Members of the presence in the Speaker’s Gallery of a delegation from the American Council of Young Political Leaders representing both the Democratic and Republican political parties led by Ms Trisha Rigg and Ms Rosemary O-Reilly-Martinez from the Australian Political Exchange Council; and Mr Natan Brechtefield, Clerk of the Parliament of Kiribati – Maneaba Ni Maungatabu on attachment to the Legislative Assembly under the auspices of the CPA Education Trust Fund.
      Madam Speaker extended a warm welcome to the distinguished visitors.
5. LEAVE OF ABSENCE – HONOURABLE E H POOLE, MLA:
      The Leader of Government Business (Mr Burke) moved - That leave of absence be granted to the Member for Araluen (Mr Poole) for Wednesday and Thursday the 2 and 3 December 1998 respectively, on account of government business interstate.
      Question – put and passed.

6. NOTICES:
      The following notices were given:
      Mr Stone: To present the Sentencing Amendment Bill (No. 3) 1998 (Serial 132).
      Mr Stone: To present Criminal Code Amendment Bill (No. 5) 1998 (Serial 133).
      Mr Stone: To present the Juvenile Justice Amendment Bill (No. 3) 1998 (Serial 134).
      Mr Poole: To present the Juvenile Justice Amendment Bill (No. 4) 1998 (Serial 135).
      Mr Poole: To present the Crimes (Victims Assistance) Amendment Bill 1998 (Serial 136).
7. QUESTIONS:
      10:03 Mrs Hickey to Mr Stone.
      10:04 Mr Lugg to Mr Stone.
      Papers tabled: The Chief Minister (Mr Stone) laid on the Table the following Papers –
Memorandum, Mr Mark Textor to Shane Stone, President NT CLP, dated 30 May 1990
(Paper 788);
Letter, Mr Ron Klein, Director, Brian Sweeney and Associates to Mr Mark Textor, Research Advisor, Northern Territory Country Liberal Party, dated 22 May 1990 (Paper 802); and
Letter, Shane Stone, President , Northern Territory Country Liberal Party to Mr Ron Klein, Brian Sweeney and Associates, dated 30 May 1998 (Paper 789).

      10:13 Mrs Hickey to Mr Stone.
      Paper tabled The Leader of the Opposition (Mrs Hickey), by leave, laid on the Table the following Paper –
Letter, Mr Mark Textor, Territory Focus Consulting to Mr Paul Cowdy, Chief of Staff, Office of the Chief Minister, dated 19 April 1993 (Paper 791).
      10:15 Dr Lim to Mr Reed.
      10:21 Mrs Hickey to Mr Stone.
      Papers tabled The Leader of the Opposition (Mrs Hickey), by leave, laid on the Table the following Papers –
Letter, Mr Stone, Northern Territory Country Liberal Party to Mr Ron Klein, Director, Brian Sweeney and Associates re acceptance of consultancy undated (Paper 790); and
Preliminary Findings from Qualitative Research on Uncommitted Voters from Darwin and Palmerston, dated 21 April 1993 (Paper 792).
      10:26 Mr Dunham to Mr Stone.
      Papers tabled: The Chief Minister (Mr Stone) laid on the Table the following Papers –
Transcript of Proceedings of the Supreme Court of the Northern Territory at Darwin on Thursday 19 November 1998 re Mr Peter Julian Hansen (Plaintiff) and Northern Land Council (Defendant), pages 118 to 188 (Paper 793);
Transcript of Proceedings of the Supreme Court of the Northern Territory at Darwin on Tuesday 17 November 1998 re Mr Peter Julian Hansen (Plaintiff) and Northern Land Council (Defendant), pages 1 to 51 (Paper 806);
Transcript of Proceedings of the Supreme Court of the Northern Territory at Darwin on Wednesday 18 November 1998 re Mr Peter Julian Hansen (Plaintiff) and Northern Land Council (Defendant), pages 52 to 117 (Paper 807);
Return to be submitted on behalf of a candidate in the Commonwealth election held on 11 July 1987, Warren Edward Snowdon dated 3 November 1987 (Paper 794);
Commonwealth Electoral Act 1918 Sections 304(2) and 309(2) Returns to be submitted on behalf of a candidate Warren Snowdon, dated 23 June 1993 (Paper 795);
Commonwealth Electoral Act 1918 sections 304(1) and 309(1) Returns to be submitted by the agent of a political party (ALP), agent Dennis Patrick Bree, dated 18 May 1990 (Paper 796);
Extract, Commonwealth Electoral Act, Part XX – Election funding and financial disclosure, Division 1 to 4 inclusive (Paper 797);
Extract, Funding and Disclosure Handbook for candidates, pages 20 and 21 Australia Electoral Commission (Paper 880);
Letter, Shane L Stone to Mr Bill Gray AM, Electoral Commissioner, dated 1 December 1998 (Paper 798);
Letter, Shane L Stone to Senator the Hon Chris Ellison, Special Minister of State, dated 1 December 1998 (Paper 799); and
Letter, Shane L Stone to Senator the Hon John Herron, dated 1 December 1998 (Paper 800).
      10:41 Mrs Hickey to Mr Stone.
      10:43 Mr McCarthy to Mr Coulter.
      10:47 Mrs Hickey to Mr Stone.
      Paper tabled The Leader of the Opposition (Mrs Hickey), by leave, laid on the Table the following Paper –
Article, NT Govt faces poll danger: CLP boss by Frank Alcorta, Northern Territory News, dated 14 May 1993 (Paper 801).
      10:50 Mr Balch to Mr Reed.
      10:55 Mrs Hickey to Mr Stone.

      The Leader of Government Business (Mr Burke) asked that further questions be placed on the Question Paper and that the broadcast of proceedings be concluded.
    7. CENSURE OF CHIEF MINISTER RE PUBLICLY FUNDED VOTER OPINION RESEARCH – MOTION NEGATIVED:
        The Leader of the Opposition (Mrs Hickey) moved – That so much of Standing Orders be suspended as would prevent her moving a motion censuring the Chief Minister for taxpayer funded voter research.

        The Leader of Government Business (Mr Burke) informed the Assembly that the Government would , pursuant to Standing Order 95, accept the motion as a censure motion.

        The Leader of the Opposition (Mrs Hickey) thereupon moved – That this Assembly censure the Chief Minister for:

        (a) designing, implementing and condoning the corrupt practice of defrauding taxpayers by using taxpayer’s funds to pay for party political voter opinion research which is solely for the benefit of the Country Liberal Party; and

        (b) failing to take action to repay to Territory taxpayers thousands of dollars spent on voter opinion research for the benefit of the Country Liberal Party. (Paper 803)
        Debate ensued.
        Paper tabled The Leader of the Opposition (Mrs Hickey), by leave, laid on the Table the following Paper –
    Letter, Territory Focus Consulting to Mr Andrew Coward enclosing Invoice re Consultancy Agreement dated 14 April 1993, dated 29 July 1994 (Paper 804).
        Debate continued.
        The Chief Minister (Mr Stone) moved the following amendment –

        1. Omit the words “Chief Minister” and insert in their stead “the Leader of the Opposition and the Labor Party”; and

        2. Omitting all words after “taxpayers by “ (first occurring) and insert in their stead –
            “failing to disclose in its Electoral Returns the donations it received either in cash or kind from the Northern Land Council for a series of Federal and Territory elections”. (Paper 805)
        Debate continued.
        Paper tabled: The Treasurer (Mr Reed) laid on the Table the following Paper –
    Candidate Returns for the Election held on 2 March 1996, Warren Edward Snowdon, dated 14 June 1996 (Paper 808).
        Debate continued.
        The Treasurer (Mr Reed) moved – That the question be now put.
        Question - That the question be now put - put.
        The Assembly divided (the Speaker, Hon. L.M. Braham, in the Chair) -

        AYES, 16 NOES, 7

        Mr Adamson Mr Ah Kit
        Mr Balch Mr Bailey
        Mr Baldwin Mrs Hickey
        Mr Burke Ms Martin
        Mr Coulter Mr Rioli
        Mr Dunham Mr Stirling
        Mr Hatton Mr Toyne
        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 amendment be agreed to - put.
        The Assembly divided (the Speaker, Hon. L.M. Braham, in the Chair) -

        AYES, 16 NOES, 7

        Mr Adamson Mr Ah Kit
        Mr Balch Mr Bailey
        Mr Baldwin Mrs Hickey
        Mr Burke Ms Martin
        Mr Coulter Mr Rioli
        Mr Dunham Mr Stirling
        Mr Hatton Mr Toyne
        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, 16 NOES, 7

        Mr Adamson Mr Ah Kit
        Mr Balch Mr Bailey
        Mr Baldwin Mrs Hickey
        Mr Burke Ms Martin
        Mr Coulter Mr Rioli
        Mr Dunham Mr Stirling
        Mr Hatton Mr Toyne
        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.
        ______________________
        Suspension of sittings: The sittings was suspended between 12:33 h and 14:30 h.
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    8. PLANNING FOR GROWTH II – HEALTH, EDUCATION, POWER AND WATER AUTHORITY AND REVIEW OF PROGRESS TO DATE – MINISTERIAL STATEMENT – STATEMENT NOTED:
        The Treasurer (Mr Reed) made a statement relating to the state of progress of the Planning for Growth processes and initiatives since October 1998. (Paper 809).
        Paper tabled: Mr Reed laid on the Table the following Paper –
    Table, present and proposed structure and culture of the Department of Education (Paper 810).
        Mr Reed moved – That the Assembly take note of the Statement.
        Debate ensued.
        Paper tabled: The Minister for Education (Mr Adamson) laid on the Table the following Paper –
    Pamphlet, Education Review makes Schools Our Focus by Department of Education, November 1998 (Paper 811).

        Debate continued.
        Extension of time – leave denied: The Member for Fannie Bay (Ms Martin) moved – That an extension of time be granted to the Member for Wanguri (Mr Bailey).
        Objection being made, leave denied.
        Debate continued.
        Papers tabled: Mr Reed laid on the Table the following Papers –
    Article, The Tides of Change, Business Review Weekly, dated 30 November 1998 (Paper 812);
    Press release, A Quality Public Sector by Suzanne Cavanagh, CLP the Northern Territory Party (Paper 813);
    Press release, Sadadeen Primary School, Principals Endorse Education Review (Paper 814); and
    Press release, Durack School, Principals Endorse Education Revision (Paper 815).
        Debate continued.
        Question – put and passed.
    9. PASTORAL LAND AMENDMENT BILL 1998 (Serial 108):
        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 Primary Industry and Fisheries (Mr Palmer) the Bill was read a third time and passed to be a proposed law.
    10. STOCK (ARTIFICIAL BREEDING) ACT REPEAL BILL 1998 (Serial 102):
        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 Primary Industry and Fisheries (Mr Palmer) the Bill was read a third time and passed to be a proposed law.
    11. TRAFFIC AMENDMENT BILL 1998 (Serial 100); and MOTOR VEHICLES AMENDMENT BILL 1998 (Serial 101):
        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.
        Papers tabled: The Minister for Transport and Infrastructure Development (Mr Coulter) laid on the Table the following Papers –
    Letter, Mr Tony Sinclair, Director Road Transport to Ms Robin Cahill, Executive Director, NT Branch of the AMA, dated 9 October 1998 (Paper 816); and
    Newsflash – MVA – Destroyed Vehicle – John Bailey possible issue, dated 20 November 1998 (Paper 817).

        Question – put and passed.
        Bills read a second time.
        The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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        In Committee
        (Mr Mitchell)

        Traffic Amendment Bill 1998 (Serial 100):

        Bill, by leave, taken as a whole and agreed to, after debate.
        Bill to be reported without amendment.
        Motor Vehicles Amendment Bill 1998 (Serial 101):

        Clauses 1 to 3, by leave, taken together and agreed to.
        Clause 4 read.
        On the motion of the Minister for Transport and Infrastructure Development (Mr Coulter) the following amendment was agreed to –
        Insert after paragraph (a) the following:
          '(aa) by inserting after the definition of "medical testing officer" in subsection (1) the following:
              "minibus" has the same meaning as in section 3(1) of the Commercial Passenger (Road) Transport Act;'.

        Clause, as amended, agreed to.
        Clause 5 read.
        On the motion of Mr Coulter the following amendment was agreed to -
        Omit paragraph (a) and substitute the following:
          '(a) by omitting from subsection (1) "or motor vehicle exceeding 4.5 tonnes gross vehicle mass" and substituting ", tourist vehicle, special passenger vehicle, minibus or heavy vehicle"; and

          (aa) by omitting from subsection (2A) "motor vehicle exceeding 4.5 tonnes gross vehicle mass" and substituting "heavy vehicle";

          (ab) by inserting in subsection (3) ", minibus" after "special passenger vehicle" (twice occurring); and'.
        Clause, as amended, agreed to.
        Clauses 6 to 12, by leave, taken together –
        Debate ensued.
        Mr Coulter moved – That the question be now put – put and passed.
        Clauses 6 to 12 as printed.
        Clause 13 read.
        On the motion of Mr Coulter the following amendment was agreed to –
        Insert before paragraph (a) the following:
          '(aa) by omitting from subsection (2)(da) "special passenger vehicle" and substituting "special passenger vehicle, minibus";

          (ab) by omitting from subsection (2)(db) "special passenger vehicle" and substituting "special passenger vehicle, minibus".

        Clause, as amended, agreed to.
        Clauses 14 to 17, by leave, taken together and agreed to.
        Schedule read.
        On the motion of Mr Coulter the following amendments were agreed to –
        Insert at the beginning the following:

        'section 22(2)"tourist vehicle""tourist vehicle, minibus"'.
        ; and

        Add at the end the following:
            'section 138(1)(aa) and (ab)the whole paragraph'.
        Schedule, as amended, agreed to.
        Title agreed to.
        Bill to be reported with amendments.
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        The Assembly resumed.
        The Speaker resumed the Chair; the Chairman (Mr Mitchell) reported that the Committee had considered the Bills and agreed to – the Traffic Amendment Bill 1998 (Serial 100), without amendment; and the Motor Vehicles Amendment Bill 1998 (Serial 101), with amendments.
        The Minister for Transport and Infrastructure Development (Mr Coulter) moved – That the Bills be now read a third time.
        Debate ensued.
        Question – put and passed.
        The Bills were read a third time and passed to be proposed laws.
    12. ROAD SAFETY COUNCIL AMENDMENT BILL 1998 (Serial 103):
        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 Infrastructure Development (Mr Coulter) the Bill was read a third time and passed to be a proposed law.
    13. ADJOURNMENT:
        The Minister for Parks and Wildlife (Mr Baldwin) moved – That the Assembly do now adjourn.
        Debate ensued.
        Question –put and passed.
        And the Assembly adjourned at 21:43 h until 10:00 h on Wednesday 2 December 1998.
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        ATTENDANCE:
        All Members attended the sitting.
    Last updated: 04 Aug 2016