Minutes of Proceedings - 1995-10-10
Seventh Assembly First Session 10/10/1995 Parliamentary Record No. 15
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Date : 10/10/1995__________________________________________________________________________________
1. MEETING:
3. FILMING IN THE CHAMBER:
9. QUESTIONS:
Distinguished visitor: The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of Mr Marshall Perron, a former Member of this Assembly from 1974 to 1995; and Chief Minister from 1988 to 1995.
On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.
Further questions were asked of Ministers.
Suspension of Standing Orders – Move motion of Censure on Chief Minister: The Leader of the Opposition (Mr Ede) moved – That so much of Standing Orders be suspended as would prevent him moving a motion to censure the Chief Minister for the conduct of the Arnhem By-election.
Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
10. PROPOSED CENSURE OF THE CHIEF MINISTER – MOTION NEGATIVED:
The Leader of Government Business (Mr Coulter) informed the Assembly that the Government, pursuant to Standing Order 95, accepted the notice of motion as a censure motion.
The Leader of the Opposition (Mr Ede) moved – That this Assembly censures the Chief Minister for his tactics in the recent Arnhem By-election, in particular, his use of race as a campaign tool through his assertion that a person of mixed Aboriginal descent can not be a worthy Member of this Parliament.
1st Armoured Regiment – Lay up of Guidon in Parliament House: The Speaker advised members that the Guidon of the 1st Armoured Regiment would be present during a ceremony in the foyer of Parliament House and accordingly invited Honourable Members to attend.
Debate ensued.
Member named and suspended: And the member for Wanguri (Mr Bailey) interjecting in a disorderly manner –
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The Deputy Speaker named the Member for Wanguri (Mr Bailey) for his offensive comments which were highly disorderly.
The Leader of Government Business (Mr Coulter) moved – that the member for Wanguri (Mr Bailey) be suspended from the service of the Assembly.
Question – put.
The Assembly divided (the Deputy Speaker, Mr R.A. Setter, in the Chair) –
AYES, 14 NOES, 8
Mr Baldwin Mr Ah Kit
Mrs Braham Mr Bailey
Mr Burke Mr Bell
Mr Coulter Mr Ede
Mr Finch Mrs Hickey
Mr Hatton Ms Martin
Dr Lim Mr Rioli
Mr Manzie Mr Stirling
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
The Member for Wanguri (Mr Bailey) was therefore, suspended at 12.25 p.m. for 24 hours, pursuant to Standing Order 241, and he accordingly withdrew from the Chamber.
Debate continued.
Suspension of sitting: The sitting was suspended between 12.40 p.m. and 2.15 p.m.
Debate resumed.
Dissent from Speaker’s ruling: The Leader of the Opposition (Mr Ede) having raised as a point of order that the Deputy Chief Minister (Mr Reed) had used remarks which were unparliamentary requested the Speaker to direct Mr Reed to withdraw those remarks –
The Speaker ruled that those remarks were not unparliamentary –
Mr Ede moved dissent from the Speaker’s ruling.
The motion of dissent having been submitted in writing and seconded –
Debate ensued.
Question – put.
The Assembly divided (the Speaker, Hon T.R. McCarthy, in the Chair) –
AYES, 7 NOES, 14
Mr Ah Kit Mr Baldwin
Mr Bell Mrs Braham
Mr Ede Mr Burke
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Mrs Hickey Mr Coulter
Ms Martin Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
Debate continued.
Explanation of speech: The Member for Macdonnell (Mr Bell), pursuant to standing Order 543, made an explanation of his speech which he claimed had been misunderstood by the Minister for Aboriginal Development (Mr Manzie).
Debate continued.
Question – That the Chief Minister be censured for his use of race as a campaign tool in the By-Election for the electoral division of Arnhem – put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) –
AYES, 7 NOTES, 17
Mr Ah Kit Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
11. PAPERS TABLED:
12. METHADONE PROGRAMS – MINISTERIAL STATEMENT – STATEMENT NOTED:
Gaming Control Amendment Bill (No. 2) 1995 (Serial 102):
Boill, by leave, taken as a wghike,
On the motion of the Minister for Racing and Gaming (Mr Coulter) the following new clause was added to the Bill –
Insert after clause 4 the following:
“5. LOTTERIES FUND
“Section 43 of the Gaming Control Act is amended –
(a) by omitting subsection (1) and substituting the following:
‘(1) The Accountable Officer shall maintain within his or her Operating Account a fund to be known as the Lotteries Fund.’; and
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(b) by omitting from subsections 3(c) and (5) ‘Treasurer’ (wherever occurring) and substituting ‘Minister’.”.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
Gaming Machine Bill 1995 (Serial 101):
Clauses 1 to 127, by leave, taken together and agreed to.
Clause 128 read.
On the motion of the Minister for Racing and Gaming (Mr Coulter) the following amendments were taken together, by leave, and agreed to.
Omit from subclauses (1) (a) and (b) “gaming machines” and insert in its stead “gaming equipment”;
Omit subclause (1) (c); and
Omit from subclause (1) (d) “(other than gaming machines)”.
Clause, as amended, agreed to.
Clause 129 read.
On the motion of Mr Coulter the following further amendment was agreed to –
Omit from subclauses (1)(b) and (c) and (2) “gaming machine” and insert in its stead “gaming equipment”.
On the motion of Mr Coulter the following further amendment was agreed to, after debate.
Omit from subclause (7) (c) “gaming machines required to be purchased” and insert in its stead “gaming equipment required to be purchased, leased, rented or otherwise obtained”.
On the motion of Mr Coulter the following further amendment was agreed to –
Omit from subclause (8) all words after “in regard to” and insert in their stead “gaming equipment of each gaming equipment type to be purchased, leased, rented or otherwise obtained and the tenderers with whom orders are to be placed.”.
Clause 130, as amended, agreed to.
Clause 131 read.
On the motion of Mr Coulter the following amendment was agreed to –
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Omit “gaming machine” (wherever occurring) and insert in its stead “gaming equipment”.
Clause 131, as amended, agreed to.
Remainder of the Bill, by leave, taken together and agreed to.
Bill to be reported with amendments.
The Speaker (Mr McCarthy) resumed the Chair, the Chairman (Mr Setter) reported that the Committee had considered the Bills and agreed to the Gaming Control Amendment Bill (No. 2 ) 1995 (Serial 102) with an amendment; and the Gaming Machine Bill 1995 (Serial 101) with amendments; and the reports were adopted.
The Minister for Racing and Gaming (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.
14. SHADOW PORTFOLIO RESPONSIBILITIES – STATEMENT:
PAPERS:
The following Papers were deemed to have been tabled on Tuesday 19 October 1995:
Financial Management Act:
Determination, pursuant to section 21(1), of Amounts of Allocation Transferred with Redistribution of Public Business Amongst Agencies, dated 27 August 1995 (Paper 1960)
Police Administration Act:
Determination No. T1 of 1995, (Amendment of Police Arbitral Tribunal Determination No. T11 of 1991), dated 21 September 1995 (Paper 1959)
Regulations:
No. 29, Amendments to the Cullen Bay Marina Regulations (Paper 1961)
No. 30, Amendments to Real Property (Unit Titles) Regulations (Paper 1962)
No. 31, Amendments of Powers of Attorney Regulations (Paper 1963)
No. 32, Amendments of Local Court (Adoption of Children) Rules (Paper 1964)
No, 33, Amendments of Housing Assistance Schemes Regulations (Paper 1965)
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No. 34, Amendments of Building Regulations (Paper 1966)
ATTENDANCE:
All Members attended the sitting.
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Date : 10/10/1995
1. MEETING:
- The Assembly met at 11.09 a.m., as promulgated by the Speaker pursuant to resolution of the Assembly, dated Thursday 24 August 1995. The Speaker, the Honourable T.R. McCarthy, took the Chair.
3. FILMING IN THE CHAMBER:
- The Speaker advised Members that he had given permission to Channel 8, the Australian Broadcasting Corporation and the NT News to film and take photographs for file footage purposes.
- The Speaker advised Members that on Friday 25 August 1995 he accepted the resignation of the former Member for Arnhem, Mr Wesley Wagner Lanhupuy, pursuant to section 18 of the Northern Territory (Self-Government) Act (Paper 2063).
- The Clerk produced and tabled the Return to Writ issued by the Honourable Keith John Austin Asche, AC QC, the Administrator of the Northern Territory of Australia, on 12 September 1995 for the election of one Member of the Legislative Assembly of the Northern Territory for the division of Arnhem to fill the vacancy caused by the resignation of Wesley Wagner Lanhupuy (Paper 1957).
By endorsement on the Writ dated 10 October 1995, it was certified that John Leonard Ah Kit had been elected.
- The Member for Arnhem, Mr John Leonard Ah Kit, was admitted to the Chamber, made and subscribed oaths of allegiance and of office, and was conducted to his place.
- The Member for Victoria River (Mr Baldwin) presented a petition from 664 petitioners requesting the Assembly take action to complete the sealing programme of the dirt section of the Daly Road between the old Stuart Highway and the Daly River community (Paper 1958).
Petition read.
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- The following notice was given –
Mr Bell: To move – That this Assembly resolves to amend the Poisons and Dangerous Drugs Act to allow the provision of a best practice methadone maintenance program in the Northern Territory.
9. QUESTIONS:
- Questions were asked of Ministers.
Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper –
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Distinguished visitor: The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of Mr Marshall Perron, a former Member of this Assembly from 1974 to 1995; and Chief Minister from 1988 to 1995.
On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.
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Further questions were asked of Ministers.
Suspension of Standing Orders – Move motion of Censure on Chief Minister: The Leader of the Opposition (Mr Ede) moved – That so much of Standing Orders be suspended as would prevent him moving a motion to censure the Chief Minister for the conduct of the Arnhem By-election.
Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
10. PROPOSED CENSURE OF THE CHIEF MINISTER – MOTION NEGATIVED:
The Leader of Government Business (Mr Coulter) informed the Assembly that the Government, pursuant to Standing Order 95, accepted the notice of motion as a censure motion.
The Leader of the Opposition (Mr Ede) moved – That this Assembly censures the Chief Minister for his tactics in the recent Arnhem By-election, in particular, his use of race as a campaign tool through his assertion that a person of mixed Aboriginal descent can not be a worthy Member of this Parliament.
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1st Armoured Regiment – Lay up of Guidon in Parliament House: The Speaker advised members that the Guidon of the 1st Armoured Regiment would be present during a ceremony in the foyer of Parliament House and accordingly invited Honourable Members to attend.
__________
Debate ensued.
Member named and suspended: And the member for Wanguri (Mr Bailey) interjecting in a disorderly manner –
Page 368
The Deputy Speaker named the Member for Wanguri (Mr Bailey) for his offensive comments which were highly disorderly.
The Leader of Government Business (Mr Coulter) moved – that the member for Wanguri (Mr Bailey) be suspended from the service of the Assembly.
Question – put.
The Assembly divided (the Deputy Speaker, Mr R.A. Setter, in the Chair) –
AYES, 14 NOES, 8
Mr Baldwin Mr Ah Kit
Mrs Braham Mr Bailey
Mr Burke Mr Bell
Mr Coulter Mr Ede
Mr Finch Mrs Hickey
Mr Hatton Ms Martin
Dr Lim Mr Rioli
Mr Manzie Mr Stirling
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
The Member for Wanguri (Mr Bailey) was therefore, suspended at 12.25 p.m. for 24 hours, pursuant to Standing Order 241, and he accordingly withdrew from the Chamber.
Debate continued.
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Suspension of sitting: The sitting was suspended between 12.40 p.m. and 2.15 p.m.
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Debate resumed.
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Dissent from Speaker’s ruling: The Leader of the Opposition (Mr Ede) having raised as a point of order that the Deputy Chief Minister (Mr Reed) had used remarks which were unparliamentary requested the Speaker to direct Mr Reed to withdraw those remarks –
The Speaker ruled that those remarks were not unparliamentary –
Mr Ede moved dissent from the Speaker’s ruling.
The motion of dissent having been submitted in writing and seconded –
Debate ensued.
Question – put.
The Assembly divided (the Speaker, Hon T.R. McCarthy, in the Chair) –
AYES, 7 NOES, 14
Mr Ah Kit Mr Baldwin
Mr Bell Mrs Braham
Mr Ede Mr Burke
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Mrs Hickey Mr Coulter
Ms Martin Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
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Debate continued.
Explanation of speech: The Member for Macdonnell (Mr Bell), pursuant to standing Order 543, made an explanation of his speech which he claimed had been misunderstood by the Minister for Aboriginal Development (Mr Manzie).
Debate continued.
Question – That the Chief Minister be censured for his use of race as a campaign tool in the By-Election for the electoral division of Arnhem – put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) –
AYES, 7 NOTES, 17
Mr Ah Kit Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
11. PAPERS TABLED:
- The Minister for Asian Relations, Trade and Industry (Mr Poole) requested that the Leader of the Opposition (Mr Ede) table the papers from which he quoted during the previous debate.
Papers tabled: Mr Ede laid on the Table the following Papers –
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Country Liberal Party Media Release dated 5 September 1995;
Transcript, Morning Program, 8DDD, Wednesday 30 August 1995, Interview between Mr Fred McCue and Chief Minister, the Honourable Shane Stone.
Press Release, Brian Ede, Leader of the Opposition, dated 30 August 1995;
Transcript, Morning Program, 8DDD, Thursday 31 August 1995, Interview between Mr Fred McCue and Senator Bob Collins; and
Transcript, Morning Program, 8DDD, Thursday 31 August 1995, Interview between Mr Fred McCue and Chief Minister, the Honourable Shane Stone.
(Paper 1968).
12. METHADONE PROGRAMS – MINISTERIAL STATEMENT – STATEMENT NOTED:
- The Minister for Health Services (Mr Finch) made a statement relating to the Government’s policy regarding the use of methadone in the treatment of heroin addicts (Paper 1969).
Mr Finch moved – That the Assembly take note of the statement.
Debate ensued.
Question – put and passed.
- 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.
The Assembly, according to order, resolved into Committee of the Whole for the consideration of the Bills.
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In the Committee
(Chairman – Mr Setter)
(Chairman – Mr Setter)
Gaming Control Amendment Bill (No. 2) 1995 (Serial 102):
Boill, by leave, taken as a wghike,
On the motion of the Minister for Racing and Gaming (Mr Coulter) the following new clause was added to the Bill –
Insert after clause 4 the following:
“5. LOTTERIES FUND
“Section 43 of the Gaming Control Act is amended –
(a) by omitting subsection (1) and substituting the following:
‘(1) The Accountable Officer shall maintain within his or her Operating Account a fund to be known as the Lotteries Fund.’; and
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(b) by omitting from subsections 3(c) and (5) ‘Treasurer’ (wherever occurring) and substituting ‘Minister’.”.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
Gaming Machine Bill 1995 (Serial 101):
Clauses 1 to 127, by leave, taken together and agreed to.
Clause 128 read.
On the motion of the Minister for Racing and Gaming (Mr Coulter) the following amendments were taken together, by leave, and agreed to.
Omit from subclauses (1) (a) and (b) “gaming machines” and insert in its stead “gaming equipment”;
Omit subclause (1) (c); and
Omit from subclause (1) (d) “(other than gaming machines)”.
Clause, as amended, agreed to.
Clause 129 read.
On the motion of Mr Coulter the following further amendment was agreed to –
Omit from subclauses (1)(b) and (c) and (2) “gaming machine” and insert in its stead “gaming equipment”.
On the motion of Mr Coulter the following further amendment was agreed to, after debate.
Omit from subclause (7) (c) “gaming machines required to be purchased” and insert in its stead “gaming equipment required to be purchased, leased, rented or otherwise obtained”.
On the motion of Mr Coulter the following further amendment was agreed to –
Omit from subclause (8) all words after “in regard to” and insert in their stead “gaming equipment of each gaming equipment type to be purchased, leased, rented or otherwise obtained and the tenderers with whom orders are to be placed.”.
Clause 130, as amended, agreed to.
Clause 131 read.
On the motion of Mr Coulter the following amendment was agreed to –
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Omit “gaming machine” (wherever occurring) and insert in its stead “gaming equipment”.
Clause 131, as amended, agreed to.
Remainder of the Bill, by leave, taken together and agreed to.
Bill to be reported with amendments.
__________
The Speaker (Mr McCarthy) resumed the Chair, the Chairman (Mr Setter) reported that the Committee had considered the Bills and agreed to the Gaming Control Amendment Bill (No. 2 ) 1995 (Serial 102) with an amendment; and the Gaming Machine Bill 1995 (Serial 101) with amendments; and the reports were adopted.
The Minister for Racing and Gaming (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.
14. SHADOW PORTFOLIO RESPONSIBILITIES – STATEMENT:
- The Leader of the Opposition (Mr Ede), by leave, made a statement relating to Opposition Portfolio responsibilities –
The Leader of the Opposition (Mr Ede) – Department of the Chief Minister’ Treasury; Police, Fire and Emergency Services; and Asian Relations.
The Deputy Leader of the Opposition (Mrs Hickey) – Status of Women; Mines and Energy; Power and Water Authority; and Primary Industry and Fisheries.
The Member for Wanguri (Mr Bailey) – Parks and Wildlife; Tourism; Trade and Industry Development; and the Territory Insurance Office.
The Member for Nhulunbuy (Mr Stirling ) – Education and Training (including the Northern Territory University); Public Employment; Racing and Gaming; and Work Health.
The Member for Arnhem (Mr Ah Kit) – Regional Development; Transport and Works; and Local and Community Government.
The Member for Arafura (Mr Rioli) – Aboriginal Affairs; Sacred Sites; Sport and Recreation; and will remain as Chairman of the Caucus Committee on Social Justice and Poverty.
The Member for Macdonnell (Mr Bell) – Department of the Attorney-General; and Health and Community Services (including the Menzies School of Health Research).
The Member for Fannie Bay (Ms Martin) – Lands, Planning and Environment; Housing; Ethnic Affairs; Arts, Heritage, Museums; and Correctional Services.
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- The Leader of Government Business (Mr Coulter) moved – That membership of Legislative Assembly Committees be varied as follows –
- The Member for Arnhem, Mr Ah Kit, be appointed to the Sessional Committee on Constitutional Development; and
The Member for Arafura, Mr Rioli, be appointed to the Sessional Committee on the Use and Abuse of Alcohol Committee.
Question – put and passed.
- The Leader of Government Business (Mr Coulter) moved – That the Assembly do now adjourn.
Debate ensued.
Explanation of speech: The member for Macdonnell (Mr Bell), by leave made an explanation of his speech which he claimed the Deputy Chief Minister (Mr Reed) had misunderstood.
Debate continued.
Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper –
- t Itinerary, Official Visit to the Republics of Greece and Cyprus, 23 September 1995 to 2 October 1995 and List of Delegation (Paper 1970).
Debate continued.
Question – put and passed.
And the Assembly adjourned at 11.02 p.m. until tomorrow at 10.00 a.m.
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PAPERS:
The following Papers were deemed to have been tabled on Tuesday 19 October 1995:
Financial Management Act:
Determination, pursuant to section 21(1), of Amounts of Allocation Transferred with Redistribution of Public Business Amongst Agencies, dated 27 August 1995 (Paper 1960)
Police Administration Act:
Determination No. T1 of 1995, (Amendment of Police Arbitral Tribunal Determination No. T11 of 1991), dated 21 September 1995 (Paper 1959)
Regulations:
No. 29, Amendments to the Cullen Bay Marina Regulations (Paper 1961)
No. 30, Amendments to Real Property (Unit Titles) Regulations (Paper 1962)
No. 31, Amendments of Powers of Attorney Regulations (Paper 1963)
No. 32, Amendments of Local Court (Adoption of Children) Rules (Paper 1964)
No, 33, Amendments of Housing Assistance Schemes Regulations (Paper 1965)
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No. 34, Amendments of Building Regulations (Paper 1966)
ATTENDANCE:
All Members attended the sitting.
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Last updated: 04 Aug 2016