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Minutes of Proceedings - 2001-03-01

Eighth Assembly First Session 20/02/2001 Parliamentary Record No. 27
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Date : 01/03/2001
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1. MEETING:
      The Assembly met at 10.00 h. The Speaker, the Honourable T. R. McCarthy, took the Chair.

2. PRAYERS.

3. VISITORS:
      The Speaker advised Members of the presence in the public galleries of Year 6 students from Moulden Park Primary School accompanied by their teacher, Ms Frances Hooper.
      On behalf of Members the Speaker extended a warm welcome to the visitors.
4. PETITIONS:
      The Member for Wanguri (Mr Henderson), by leave, presented petitions, Nos. 66, 67 and 68, from 109, 175 and 160 petitioners respectively, relating to Leanyer Skatepark. (Paper 2382)
      Petition read.

      The Member for Port Darwin (Ms Carter) presented a petition No. 69 from 90 petitioners praying for resources to assist with the establishment and ongoing services of a hospice. (Paper 2384)
      Petition read.
5. QUESTIONS:
      10:06 Ms Martin to Mr Burke.
      10:10 Mr Hatton to Mr Burke.
      10:21 Mr Stirling to Mr Dunham.
      10:26 Ms Carter to Dunham.
      Paper tabled: The Minister for Health, Family and Children’s Services (Mr Dunham) laid on the Table the following Paper –
Letter, Hon S Dunham, Minister of Health, Family and Children’s Services to Dr D Cox, Medical Board of the Northern Territory, dated 19 December 2000 - re Dr Anthony page – allegations of lack of consent. (Paper 2385)

      10:35 Mr Henderson to Mr Baldwin.
      10:39 Mr Mitchell to Mr Palmer.
      10:42 Mr Stirling to Mr Reed.
      10:53 Mr Balch to Mr Reed.
      Papers tabled: The Minister of Tourism (Mr Reed) laid on the Table the following Papers -
Tourism Brochures, valid 1 April 2001 to 31 March 2002 (Paper 2386); and
Tourism Brochures, Barramundi post cards. (Paper 2387)

      10:58 Mrs Braham to Mr Lugg.
      Paper tabled: The Minister for Sport and Recreation (Mr Lugg) laid on the Table the following Paper –
Central Australian Funding to Sporting Organisations, Table of. (Paper 2388)

      The Leader of the Government Business (Mr Palmer) asked that further questions be placed on the Written Question Paper.
6. KATHERINE DISTRICT BUSINESS RE-ESTABLISHMENT FUND TRUST – PAPER TABLED:
      The Minister for Police, Fire and Emergency Services (Mr Reed) laid on the Table the Katherine District Business Re-establishment Fund Trust, Special Purpose Financial Report for the period ended 30 April 2000. (Paper 2390)
      Mr Reed made a statement relating thereto and other outcomes arising from the Katherine Flood in 1999.
7. NT YOUTH SURVEY REPORT – PAPER TABLED - STATEMENT:
      The Chief Minister (Mr Burke) laid on the Table the NT Youth Survey Report by the Office of Youth Affairs. (Paper 2389)
      Mr Burke made a statement relating thereto.
8. DRY LAND SALINITY – MINISTERIAL STATEMENT – STATEMENT NOTED:
      The Minister for Lands, Planning and the Environment (Mr Baldwin) made a statement relating to dry land salinity funding in the Territory. (Paper 2395)
      Mr Baldwin moved – That the Assembly take note of the Statement.
      Debate ensued.
      Question – put and passed.

      Suspension of sittings: The sitting of the Assembly was suspended between 12:14 h and 14:15 h.
9. TERRITORY IMMUNISATION PROGRAM – MINISTERIAL STATEMENT – STATEMENT NOTED:
      The Minister for Health, Family and Children’s Services (Mr Dunham) made a statement relating to the Government’s immunization program across the Territory. (Paper 2396)
      Mr Dunham moved – That the Assembly take note of the Statement.
      Debate ensued.
      Question – put and passed.
10. LIBRARY AND INFORMATION SERVICES IN TERRITORY REMOTE AND ABORIGINAL COMMUNITIES – MINISTERIAL STATEMENT – STATEMENT NOTED:
      The Minister for Corporate and Information Services (Mr Adamson) made a statement relating to the provision of library and information services to remote and Aboriginal communities. (Paper 2397))
      Mr Adamson moved – That the Assembly take note of the Statement.
      Debate ensued.
      Question – put and passed.
11. STATEMENT BY SPEAKER:
      The Speaker advised Members of his decision in regard to a proposed Definite Matter of Public Importance proposed for this day by the Leader of the Opposition (Ms Martin) in the following terms -
          Honourable Members, I advise the Assembly that at 8.15 am today the Office of the Clerk received a proposal from the Leader of the Opposition for a discussion of a Definite Matter of Public Importance, pursuant to Standing Order 94.

          I table a copy of the letter.

          Further, I advise Honourable Members the proposal does not comply with the provisions of Standing Order 94 which requires the presentation of the matter of public importance to the speaker at least 2 hours before the time fixed for a sitting of the Assembly.
      Paper tabled: The Speaker (Mr McCarthy) laid on the Table the following Paper -
Letter, Ms Clare Martin, Leader of the Opposition to Hon T McCarthy, Speaker, dated 1 March 2001. (Paper 2398)
    12. MARINE AMENDMENT BILL 2001 (Serial 298):
        The Minister for Territory Ports (Mr Palmer), pursuant to notice, presented a Bill for an Act to amend the Marine Act.
        Bill read a first time.
        Mr Palmer moved – That the Bill be now read a second time.
        Debate ensued.
        On the motion of the Member the Barkly (Mrs Hickey) debate was adjourned.

    13. MINING MANAGEMENT BILL 2001 (Serial 301) and MINING AMENDMENT BILL 2001 (Serial 302):
        Suspension of Standing Orders: The Minister for Resource Development (Mr Manzie) moved – That so much of Standing Orders be suspended as would prevent the Mining Management Bill 2001 (Serial 301) and Mining Amendment Bill 2001 (Serial 302) -

        (a) being presented 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 –put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

        Mr Manzie, pursuant to notice, presented a Bill for an Act to provide for the authorization of mining activities, the management of mining sites and the protection of the safety and health of persons and of the environment on mining sites, and for related purposes; and a Bill for an Act to amend the Mining Act.
        Bills read a first time.
        Mr Manzie moved – That the Bills be now read a second time.
        Debate ensued.
        On the Motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
    14.UNIT TITLES AMENDMENT BILL 2001 (Serial 299) and UNIT TITLES (CONSEQUENTIAL AMENDMENTS – BUILDING DEVELOPMENTS) BILL 2001 (Serial 300):
        Suspension of Standing Orders: The Attorney-General (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent the Unit Titles Amendment Bill 2001 (Serial 299) and Unit Titles (Consequential Amendments – Building Developments) Bill 2001 (Serial 300) -

        (a) being presented 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 –put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

        Mr Burke, pursuant to notice, presented a Bill for an Act to amend the Unit Titles Act; and a Bill for an Act to amend various Acts as a consequence of Part IVC of the Unit TitlesAct being enacted.
        Bills read a first time.
        Mr Burke moved – That the Bills be now read a second time.
        Debate ensued.
        On the Motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
    15. GAMING MACHINE AMENDMENT BILL 2001 (Serial 296) and NORTHERN TERRITORY LICENSING COMMISSION AMENDMENT BILL 2001 (Serial 297):
        Suspension of Standing Orders: The Minister for Racing and Gaming (Mr Baldwin) moved – That so much of Standing Orders be suspended as would prevent the Gaming Machine Amendment Bill 2001 (Serial 296) and Northern Territory Licensing Commission Amendment Bill 2001 (Serial 297) -

        (a) being presented 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 –put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

        Mr Reed, pursuant to notice, presented a Bill for an Act to amend the Gaming Machine Act; and a Bill for an Act to amend the Northern Territory Licensing Commission Act.
        Bills read a first time.
        Mr Baldwin moved – That the Bills be now read a second time.
        Debate ensued.
        On the Motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

    16. AUSTRALASIA RAILWAY CORPORATION AMENDMENT BILL 2001 (Serial 295):
        Suspension of Standing Orders: The Attorney-General (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent the AustralAsia Railway Amendment Bill 2001 (Serial 295) being passed through all stages at this sitting.
        Question – put and passed –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 resumption of 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 Burke) the Bill was read a third time and passed to be a proposed law.

    17. GAMING MACHINE AMENDMENT BILL 2000 (Serial 286):
        The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time –
        Debate resumed.
        Question – put and passed.
        Bill read a second time.
        The Assembly resolved itself into Committee of the Whole for consideration of the Bill.

        In Committee
        (Mr Mitchell – Chairman)
        Bill, by leave, taken as a whole.
        Suspension of Standing Orders: The Minister for Racing, Gaming and Licensing (Mr Baldwin) moved – That so much of Standing Orders be suspended as would prevent a motion being moved to allow the Schedule of Amendments No. 88, standing in his name, being taken as a whole, forthwith.

        Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

        Mr Baldwin thereupon moved – That the Schedule of Amendments No. 88 standing in his name be put and taken together.
        Question - put and passed.
        The Bill was amended as follows –
        In Clause 5 –
        Omit paragraph (b) and substitute the following:
          '(b) by omitting from subsection (7) "provided" (twice occurring) and substituting "authorised for use";

          (c) by omitting from subsection (12) "to be provided by the Director to the applicant" and substituting "authorised for use under the licence";

          (d) by omitting from subsection (13) "to be provided"; and

          (e) by omitting from subsection (14) "to be provided" and substituting "determined under subsection (12)".';
        Insert after Clause 5 –
            '5A. Schedule of gaming machines
                Section 29 of the Principal Act is amended by omitting from subsection (2)(b) "provided to the licensee" and substituting "authorised for use under the licence".';

        Clause 8 negatived.
        Insert after Clause 7 -
            '8. Director may remove gaming machines
                Section 40 of the Principal Act is amended –

                (a) by inserting in subsection (1) "by the Director" after "provided";

                (b) by omitting subsection (2);

                (c) by omitting from subsection (3)(a) "to a licensee" and substituting "authorised for use under the licence"; and

                (d) by inserting in subsection (3) "or approve the procedure for removing" after "remove".
            8A. New section
                The Principal Act is amended by inserting after section 40 the following:

                "40A. Director may alter gaming machines, etc.

                    "(1) The Director –
                        (a) on application made by a licensee in the form determined by the Director and on payment of the prescribed fee may approve that a gaming machine; or

                        (b) if the Director thinks fit to do so, may cause a gaming machine to,

                    be altered to effect a change in the game, gaming token denomination or betting unit of the gaming machine.

                    "(2) The reasonable costs incurred by the Director under subsection (1)(b) are to be paid by the licensee whose gaming machine is altered.";
            8B. Increase in gaming machines
                    Section 41 of the Principal Act is amended –

                    (a) by omitting from subsection (1) "provided to the licensee" and substituting "authorised for use under the licence";

                    (b) by omitting from subsection (3) "that may be provided to the licensee" and substituting "authorised for use under the licence";

                    (c) by omitting from subsection (7) "that may be provided to the licensee" and substituting "authorised for use"; and

                    (d) by omitting from subsection (7)(a) "provided under the licence";
                8C. Decrease in machines
                    Section 42 of the Principal Act is amended –

                    (a) by omitting from subsection (1) "provided to a licensee" and substituting "authorised for use under a licence";

                    (b) by omitting from subsection (3)(a) "provided to the licensee" and substituting "authorised for use under the licence";

                    (c) by omitting from subsection (3)(b) "provided to a licensee" and substituting "authorised for use under a licence";

                    (d) by omitting from subsection (3)(c) "provided to the licensee" and substituting "authorised for use under the licence"; and

                    (e) by inserting after subsection (5) and substituting the following:
                        "(6) A person to whom a gaming machine is surrendered under subsection (5) –
                            (a) is authorised to be in possession of the gaming machine in accordance with procedures approved by the Director; and

                            (b) must not dispose of the gaming machine except in accordance with procedures approved by the Director.

                        Penalty: 500 penalty units or imprisonment for 5 years.";
                8D. Modification or relocation of gaming machines areas
                    Section 43 of the Principal Act is amended by omitting from subsection (6)(a) "provided to a licensee" and substituting "authorised for use under a licence";
                8E. Surrender of gaming machine licences
                    Section 47 of the Principal Act is amended by omitting subsection (5) and substituting the following:

                    "(5) The Director must, as soon as practicable after receiving a gaming machine licence and notification under subsection (1) –

                    (a) remove all gaming machines from the licensee's licensed premises; or

                    (b) approve the method of removing the gaming machines and the method of disposing of those machines."; and
                8F. Recovery of gaming machines, etc.
                    Section 53 of the Principal Act is amended –
                    (a) by inserting in subsection (2) "or approved by" after "on behalf of"; and

                    (b) by omitting from subsection (2) "of the Territory".'.
        Clause 11 negatived.
        Insert after Clause 10 the following –
            '11. Installation of electronic monitoring systems
                Section 86 of the Principal Act is amended –

                (a) by inserting in subsection (2) "or a person approved by or acting on behalf of the Director" after "Director";

                (b) by omitting from subsection (3) "any person" and substituting "a person approved by or";

                (c) by inserting in subsection (4)(a) "or a person approved by or acting on behalf of the Director" after "Director"; and

                (d) by inserting in subsection (5) "or a person approved by or acting on behalf of the Director" after "Director";
            11A. Certain persons only to have access, etc. to gaming machines
                Section 99 of the Principal Act is amended –

                (a) by omitting from paragraph (k) "or";

                (b) by omitting from paragraph (m) "this Act." and substituting "this Act; or" and

                (c) by inserting after paragraph (m) the following:
                    "(n) any other person approved by the Director under this Act.";
            11B. Recognised manufacturers and suppliers of gaming machines
                Section 116 of the Principal Act is amended by omitting subsection (2).;
            11C. Possession, etc. of gaming machines and restricted components by recognised manufacturers or suppliers of gaming machines
                Section 121 of the Principal Act is amended by inserting in subsection (1)(b)(i) ", a licensee, a person approved by the Director" after "Director";
            11D. New section
                The Principal Act is amended by inserting after section 121 the following:

                "121A. Sale of gaming machines and gaming equipment by licensees

                    "A licensee is authorised to sell gaming machines and gaming equipment in accordance with the procedures and conditions specified in Regulations.; and
            11E. Possession, etc. of restricted components by licensed repairers
                Section 123 of the Principal Act is amended –

                (a) by omitting from paragraph (d)(i) "reinstatement; and" and substituting " reinstatement;";

                (b) by omitting from paragraph (d)(ii) "Director." and substituting " Director; or"; and

                (c) by inserting after paragraph (d)(ii) the following:
                    "(iii) to fulfil a written order of a licensee.".'.

        In Clause 12 –
        Insert ',(2)(b)' after '(2)(a)'.
        Insert after Clause 12 the following –
            '12A. Possession, etc., of gaming machines, etc. by other persons
                Section 126 of the Principal Act is amended by inserting in subsection (3)(a) "or being provided with the approval of the Director" after "Director".'.
        Insert after Clause 13 the following –
            '13A. Gaming machines supplied to be in accordance with approval
                Section 133 of the Principal Act is amended by inserting in paragraph (b) "or a licensee" after "the Director".
            13B. Linked jackpots
                Section 134 of the Principal Act is amended –

                (a) by omitting from subsection (6) "may make such agreements with licensees" and substituting "approve arrangements";

                (b) by omitting from subsection (7) "an agreement made by the licensee" and substituting "an arrangement approved"; and

                (b) by omitting subsection (8).
            13C. Gaming machines to be labelled with identification number
                Section 135 of the Principal Act is amended –

                (a) by omitting from subsection (1) "purchased by the Director" and substituting "approved for use in the Territory"; and

                (b) by inserting in subsection (3) "or cause to be affixed" after "affix".
            13D. Protection of sensitive areas of gaming equipment
                Section 138 of the Principal Act is amended –

                (a) by omitting from subsection (5) "that is property of the Territory"; and

                (b) by omitting from subsection (5)(b) "if the gaming machine is provided to a licensee,".'.
        Add at the end of the Bill the following –

            '16. New section
                The Principal Act is amended by inserting after section 149 the following:
            "149A. Gaming machine ownership costs
                "(1) If a licensee uses a gaming machine under the licensee's licence that is owned by the Director, the licensee must pay to the Director each month while the gaming machine continues to be used the costs and charges in respect of the gaming machine imposed under this section.

                "(2) The costs and charges are to be paid on or before the day prescribed of the month next following the month in respect of which they are payable.

                "(3) The costs and charges to be imposed on a licensee under this section are to be determined by the Director.

                "(4) The costs and charges imposed under this section are to be determined having regard to the reasonable costs and charges arising out of, or associated with, the Director’s ownership of the gaming machine, monitoring costs and the costs of repairs to and maintenance of the gaming machine.

                "(5) The Director may determine not to impose costs and charges on a licensee under this section.".
            17. Payment of monthly taxes, levies, etc.
            Section 152 of the Principal Act is amended –

            (a) by inserting after subsection (1)(a) the following:
                    "(ab) any costs and charges payable under section 149A;"; and
                (b) by omitting from subsection (2) "or penalty" and substituting ", costs and charges payable under section 149A or a penalty".
            18. Recovery of taxes and levies
                Section 157 of the Principal Act is amended by omitting from subsection (1) "or penalty" and substituting ", costs and charges payable under section 149A or a penalty".
            19. Offences relating to revenue
                Section 158 of the Principal Act is amended by omitting from subsection (1)(a) "this Part" and substituting "this Part, any costs and charges payable under section 149A".
            20. Powers of inspectors
                Section 162 of the Principal Act is amended by omitting subsection (1)(m)(i).
            21. Inspector may be prohibited from playing gaming machines
                Section 168 of the Principal Act is amended by omitting from subsection (1) "provided to a licensee".
        Amendments agreed to.
        Bill, as amended, agreed to.
        Bill to be reported with amendments.

        The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Mitchell) reported that the Committee had considered the Bill and agreed to the same with amendments.

        On the motion of the Minister for Racing, Gaming and Licensing (Mr Baldwin) the Bill was read a third time and passed to be a proposed law.
    18. REARRANGEMENT OF BUSINESS:
        The Leader of Government Business (Mr Palmer) moved – That intervening business be postponed until after consideration of Government Business, Order of the Day No. 14, relating to the Report of the Committee of Privileges.
        Question – put and passed.
    19. COMMITTEE OF PRIVILEGES, REPORT NO. 1 – MATTER REFERRED BY ASSEMBLY ON 30 NOVEMBER 2000 – REPORT NOTED:
        The Order of the Day having been read for resumption of debate on the question – That the Assembly take note of the Report –
        Debate resumed.
        Question – put and passed.
    20. ADJOURNMENT:
        The Leader of Government Business (Mr Palmer) moved – That the Assembly do now adjourn.
        Debate ensued.
        Special Adjournment: The Leader of Government Business (Mr Palmer), by leave, moved – That the Assembly at its rising adjourn until Tuesday 29 May 2001 at 10:00 h or such other day and/or time as may be set by Mr Speaker, pursuant to Sessional Order.
        Question – put and passed.
        Debate continued.
        Paper tabled: The Member for Sanderson (Mr Manzie) laid on the Table the following Paper –
    Souvenir Program – A Commemorative Concert 17th and 18th February 2001 entitled Somewhere North of Somewhere. (Paper 2401)

        Debate continued.
        Question – put and passed.
        The Assembly adjourned at 19:35 h until 10:00 h, Tuesday 29 May 2001 or such other day and/or time as may be set by Mr Speaker, pursuant to Sessional Order.
        PAPERS:
        The following Papers were deemed to have been presented on Thursday 1 March 2001 –

        Annual Reports:
        AustralAsia Railway Corporation, 1999/2000, (Paper 2379)
        Mental Health Review Tribunal, 1999/2000, (Paper 2380)
        National Crime Authority, 1999/2000 (Paper 2391)
        National Trust of Australia (Northern Territory), 1999/2000, (Paper 2378)
        Northern Territory Legal Aid Commission, 1999/2000 (Paper 2392)
        Strehlow Research Centre, 1999/2000, (Paper 2377)
        Territory Insurance Office, 1999/2000, (Paper 2383)

        Coroners Act:
        Office of the Coroner, Inquest into the death of Eduardo Concepcion, pursuant to Section 27 of the Coroners Act, dated 25 January 2001 (Paper 2393)

        Financial Management Act:
        Determination of Variation of Allocation to Activity - Northern Territory Treasury Corporation, pursuant to section 23(1) and (2), dated 10 January 2001 (Paper 2381)

        Reports:
        Domestic Violence Strategy 1994 to 2005, NT Safe, Community Against Crime (Paper 2394)
        Parliamentary Internship Program Paper, Youth Consultation Report, The Western Australian Youth Advisory council Model and the Northern Territory, dated 2000 by Ms Samantha Manette (Paper 2404)

        Remuneration Tribunal:
        Report to the Legislative Assembly by Ms Sue Carter, pursuant to section 9.1(e) of the Remuneration Tribunal Determination – United Kingdom study of hospice facilities, Year 2000 (Paper 2403)
        Report to the Legislative Assembly by Ms Clare Martin, pursuant to section 9.1(e) of the Remuneration Tribunal Determination – Greece and Cyprus, January 2001 (Paper 2399)
        Report to the Legislative Assembly by Dr Peter Toyne, pursuant to section 9.1(e) of the Remuneration Tribunal Determination – Greece and Cyprus, January 2001 (Paper 2400)
        ATTENDANCE:
        All Members attended the sitting.

        Ian McNeill
        Clerk of the Legislative Assembly
    Last updated: 04 Aug 2016
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