Minutes of Proceedings - 1998-10-07
Eighth Assembly First Session 06/10/1998 Parliamentary Record No. 10
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Date : 07/10/1998__________________________________________________________________________________
1. MEETING:
2. PRAYERS.
3. PETITION:
4. QUESTIONS:
Map, Proposed Speed Zone Changes on Arterial Roads, Palmerston, September 1998 (Paper 627); and
Map, Proposed Speed Zone Changes on Arterial Roads, Darwin, September 1998 (Paper 628).
5. NATIVE TITLE LEGISLATION LAND DEVELOPMENT ISSUES – MINISTERIAL STATEMENT – STATEMENT NOTED:
Schedule 2, Explanatory Memorandum – The Mining Amendment Regulations (Paper 632);
Schedule 3, Explanatory Memorandum – The Petroleum Amendment Regulations (Paper 633); and
Schedule 4, Explanatory Memorandum – The Energy Pipelines Amendment Regulations (Paper 634).
6. DEMOCRATIC STATEHOOD BY 1 JANUARY 2001 – MOTION:
8. TAXI AND PRIVATE HIRE CAR INDUSTRY – MOTION NEGATIVED:
The Member for Wanguri (Mr Bailey), pursuant to notice, moved - That –
10. TRANS–TASMAN MUTUAL RECOGNITION BILL 1998 (Serial 104):
11. TRAFFIC AMENDMENT BILL 1998 (Serial 100) and MOTOR VEHICLES AMENDMENT BILL 1998 (Serial 101):
12. ROAD SAFETY COUNCIL AMENDMENT BILL 1998 (Serial 103):
13. NOTIFIABLE DISEASES AMENDMENT BILL 1998 (Serial 99):
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Date : 07/10/1998
1. MEETING:
- The Assembly met at 10.00 h. The Speaker, the Honourable L M Braham, took the Chair.
2. PRAYERS.
3. PETITION:
- The Member for Fannie Bay (Ms Martin) presented a petition from 1125 petitioners requesting the Assembly to expedite a new Planning Act to prevent building on the Green Darwin Escarpment. (Paper 625)
Petition read.
4. QUESTIONS:
- 10:03 Mrs Hickey to Mr Stone.
Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper –
10:09 Mr Bailey to Mr Stone.
10:10 Mr Lugg to Mr Palmer.
10:16 Mrs Hickey to Mr Stone.
10:18 Mr Elferink to Mr Coulter.
Paper tabled: The Minister for Transport and Infrastructure Development (Mr Coulter) laid on the Table the following Papers –
Map, Proposed Speed Zone Changes on Arterial Roads, Palmerston, September 1998 (Paper 627); and
Map, Proposed Speed Zone Changes on Arterial Roads, Darwin, September 1998 (Paper 628).
- 10:23 Mr Bailey to Madam Speaker.
10:25 Mr Mitchell to Mr Reed.
10:30 Ms Martin to Mr Stone.
Paper tabled: The Member for Fannie Bay (Ms Martin), by leave, laid on the Table the following Paper –
- 10:33 Mr Dunham to Mr Stone.
10:36 Mr Ah Kit to Mr Stone.
10:39 Mr Balch to Mr Stone.
10:45 Mr Stirling to Mr Stone.
10:48 Mr McCarthy to Mr Reed.
10:53 Mr Toyne to Mr Poole.
10:55 Mr Balch to Mr Manzie.
Answer to Question: Mr Stone gave an answer to a question asked earlier this day.
5. NATIVE TITLE LEGISLATION LAND DEVELOPMENT ISSUES – MINISTERIAL STATEMENT – STATEMENT NOTED:
- The Chief Minister (Mr Stone) made a statement relating to land administration and development practices and issues under the Native Title Act. (Paper 630)
Papers tabled: The Chief Minister (Mr Stone) laid on the Table the following Papers –
Schedule 2, Explanatory Memorandum – The Mining Amendment Regulations (Paper 632);
Schedule 3, Explanatory Memorandum – The Petroleum Amendment Regulations (Paper 633); and
Schedule 4, Explanatory Memorandum – The Energy Pipelines Amendment Regulations (Paper 634).
- Debate ensued.
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Suspension of sitting: The sitting was suspended between 11:56 h to 14:00 h.----------------
Debate resumed.
Question – put and passed.
6. DEMOCRATIC STATEHOOD BY 1 JANUARY 2001 – MOTION:
- The Leader of the Opposition (Mrs Hickey), pursuant to notice, moved –
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;
- 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. (Paper 646)
Debate ensued.
Ordered that the Member for Wanguri (Mr Bailey) have leave to continue his remarks at a later hour.
Debate adjourned.
- Suspension of Standing Orders – Take two Bills together: The Member for Fannie Bay (Ms Martin) moved – That so much of Standing Orders be suspended as would prevent two Bills, namely the Residential Tenancies Bill 1998 (Serial 81) and the Landlord and Tenant (Rental Bonds) Bill 1998 (Serial 82) –
(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.
There being an absolute majority of members present and no dissentient voice.
Question – put and passed.
Ms Martin, pursuant to notice, presented a Bill for an Act relating to the rights and obligations of landlords and tenants under residential tenancy agreements; to make provision with respect to excessive rent increases and rents; to confer functions on the Residential Tenancies Tribunal of the Northern Territory with respect to landlords and tenants; to repeal the Tenancy Act and for other purposes; and a Bill for an Act to constitute a Rental Bond Board; to confer and impose on the Board certain powers, authorities, duties and functions; to require lessors of residential premises to deposit rental bonds with the Board; to provide for the payment out of rental bonds; to enable the investment of rental bonds and the investment and expenditure of interest on rental bonds.
Bills read a first time.
Ms Martin moved – That the Bills be now read a second time.
On the motion of the Minister for Lands, Planning and the Environment (Mr Palmer) debate was adjourned.
8. TAXI AND PRIVATE HIRE CAR INDUSTRY – MOTION NEGATIVED:
The Member for Wanguri (Mr Bailey), pursuant to notice, moved - That –
- this Assembly express concern at the way the Country Liberal Party administration has created a mess in the taxi, private hire car and mini-bus industry and has mis-handled changes to the industry and in particular,
the Assembly express its concern that:
(1) the Country Liberal Party administration has not appropriately consulted and listened to the three sectors of the industry and the general public;
(2) the Country Liberal Party administration clothed the industry with uncertainty for over 18 months as it considered options for rectifying the mess it had created;
(3) a number of people in the industry and fare paying customers will be worse off because of the changes being introduced by the Country Liberal Party administration; and
(4) it will be difficult for many in the industry to plan for the future as it is unclear what the impact of a number of the changes will be. (Paper 647)
Debate ensued.
Question – put and passed.
- The Order of the Day having been read for the resumption of the debate on the motion moved by the Leader of the Opposition (Mrs Hickey) -
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;
- 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; and
(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.
Debate ensued.
The Member for Nightcliff (Mr Hatton) moved the following amendment –
Omit all words after “this Assembly resolves that” and insert in their stead:
- “the Constitutional and Legal Affairs Committee of the Legislative Assembly,
(a) inquire into the appropriate measures to facilitate Statehood by 2001; and
(b) the Committee consult widely with the Territory community and report its progress with recommendations to the Legislative Assembly. (Paper 648)
On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.
10. TRANS–TASMAN MUTUAL RECOGNITION BILL 1998 (Serial 104):
- The Chief Minister (Mr Stone), pursuant to notice, presented a Bill for an Act relating to the recognition of regulatory standards adopted in New Zealand regarding goods and occupations.
Bill read a first time.
Mr Stone moved – That the Bill be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
11. TRAFFIC AMENDMENT BILL 1998 (Serial 100) and MOTOR VEHICLES AMENDMENT BILL 1998 (Serial 101):
- Suspension of Standing Orders – Take two Bills together: The Minister for Transport and Infrastructure Development (Mr Coulter) moved – That so much of Standing Orders be suspended as would prevent two Bills, namely the Traffic Amendment Bill 1998 (Serial 100) and the Motor Vehicles Amendment Bill 1998 (Serial 101) –
(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.
The Minister for Transport and Infrastructure Development (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Traffic Act; and a Bill for an Act to amend the Motor Vehicles Act.
Bills read a first time.
Mr Coulter moved – That the Bills be now read a second time.
On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.
12. ROAD SAFETY COUNCIL AMENDMENT BILL 1998 (Serial 103):
- The Minister for Transport and Infrastructure Development (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Road Safety Council Act.
Bill read a first time.
Mr Coulter moved – That the Bill be now read a second time.
On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.
13. NOTIFIABLE DISEASES AMENDMENT BILL 1998 (Serial 99):
- The Minister for Health, Family and Children’s Services (Mr Burke), pursuant to notice, presented a Bill for an Act to amend the Notifiable Diseases Act.
Bill read a first time.
Mr Burke moved – That the Bill be now read a second time.
On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.
- The Minister for Primary Industries and Fisheries (Mr Palmer), pursuant to notice, presented a Bill for an Act to repeal the Stock (Artificial Breeding) Act and to amend certain other laws consequential on the repeal.
Bill read a first time.
Mr Palmer moved – That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.
- The Leader of Government Business moved – That so much of Standing Orders be suspended as would prevent the resumption of debate on the motion relating to Democratic Statehood by 1 January 2001, being called on forthwith.
Question – put and passed.
- The Order of the Day having been read for the resumption of the debate on the motion of Mrs Hickey and the following amendment proposed by Mr Hatton earlier this day –
Omit all words after “this Assembly resolves that” and insert in their stead:
- “the Constitutional and Legal Affairs Committee of the Legislative Assembly,
(a) inquire into the appropriate measures to facilitate Statehood by 2001; and
(b) the Committee consult widely with the Territory community and report its progress with recommendations to the Legislative Assembly.
Debate ensued.
Mrs Hickey moved the following amendment to the amendment moved by Mr Hatton –
Add at the end the words “within 6 months of this day”. (Paper 649)
Question – That the amendment to the amendment be agreed to – put and passed.
Question – That the amendment moved by Mr Hatton, as amended, be agreed to – put and passed.
Motion, as amended, agreed to.
- 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 resolved itself into Committee of the Whole for consideration of the Bill.
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In the Committee
(Chairman – Mr Mitchell)
(Chairman – Mr Mitchell)
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
On the Motion of the Minister for Transport and Infrastructure Development (Mr Coulter) the following amendment was agreed to –
Add at the end the following:
'(h) by omitting from paragraph (b) of the definition of "undesirable substance" in subsection (1) "goods; or" and substituting "goods;";
(j) by omitting from paragraph (c) of the definition of "undesirable substance" in subsection (1) "Port," and substituting "Port;";
(k) by omitting from the definition of "undesirable substance" in subsection (1) "but does not include oil"; and
(m) by inserting after paragraph (c) of the definition of "undesirable substance" in subsection (1) the following:
- "(d) oil; or
- (e) any other noxious or hazardous substance" '.
Clause, as amended, agreed to.
Clause 6 read.
On the motion of Mr Coulter the following amendment was agreed to –
Omit from proposed section 7A '5 persons' and substitute '4 persons'.
Clause, as amended, agreed to.
Clause 7 read and agreed to.
Clause 8 read and agreed to.
On the motion of Mr Coulter the following new clause 8A was inserted in the Bill, after debate –
- ‘8A. FUNCTIONS OF PORT CORPORATION
‘Section 16 of the Principal Act is amended —
(a) by omitting from subsection (2)(a)(xvii) "and";
(b) by omitting from subsection (2)(b)(iv) "by it." and substituting "by it; and"; and
(c) by inserting after subsection (2)(b) the following:
- "(c) both within and outside the Port — to manage, control and assist in the clean up of any pollution of waters by oil or other noxious or hazardous substances" ‘.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
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The Speaker (Mrs Braham) resumed the Chair, the Chairman (Mr Mitchell) reported accordingly and the report was adopted.
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.
- 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 Treasurer (Mr Reed) the Bill was read a third time and passed to be a proposed law.
- 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 –
The Treasurer (Mr Reed) moved – That the consideration of the Bill be postponed until a later hour.
Question – put and passed.
- 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
The Treasurer (Mr Reed) moved – That the Bill be now read a third time.
Debate ensued.
Question - put.
The Assembly divided (the Speaker, Hon. L.M. Braham, in the Chair) -
AYES, 14 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Dunham Mr Rioli
Mr Elferink Mr Stirling
Mr Hatton Mr Toyne
Mr Lugg
Mr McCarthy
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
The Bill was read a third time and passed to be a proposed law.
- The Minister for Police, Fire and Emergency Services (Mr Reed) moved - That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 18:34 h until 10:00 h on Thursday 8 October 1998.
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PAPERS:-------------
The following Papers were deemed to have been presented on Wednesday 7 October 1998:
Regulations 1998:
No. 33, Nhulunbuy (Animal Control) By-Laws (Paper 638)
No. 34, Amendments of Public Sector Employment and Management Regulations (Paper 637)
No. 35, Referendums Regulations (Paper 636)
No. 36, Amendment of Legal Practitioners Regulations (Paper 635)
No. 39, Local Court Regulations (Paper 639)
No. 40, Northern Territory Treasury Corporation Inscribed Stock Regulations (Paper 640)
No. 41, Treasury (Northern Territory Stock) (Repeal) Regulations (Paper 641)
No. 42, Lands Acquisition Amendment Regulations (Paper 642)
No. 43, Mining Amendment Regulations (Paper 643)
No. 44, Petroleum Amendment Regulations (Paper 644)
No. 45, Energy Pipelines Amendment Regulations (Paper 645)
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ATTENDANCE:---------------
All Members attended the sitting.
Last updated: 04 Aug 2016