Minutes of Proceedings - 1992-08-12
Sixth Assembly First Session 11/08/1992 Parliamentary Record No. 11
__________________________________________________________________________________
Date : 12/08/1992__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. REGULATIONS 1991, No.63 - REGISTRATION REGULATIONS - NOTICE WITHDRAWN:
The Chairman of the Subordinate Legislation and Tabled Papers Committee (Mr Setter) withdrew Notice No.1 standing in his
name relating to the proposed disallowance of the Registration Regulations 1991, No.63.
Mr Setter, by leave, made a statement relating thereto.
4. REGULATIONS 1991, No.57 - AMENDMENT OF THE PLANNING REGULATIONS- MOTION POSTPONED:
The Chairman of the Subordinate Legislation and Tabled Papers Committee (Mr Setter) moved - That consideration
of Notice No.2 standing in his name relating to the proposed disallowance of Regulations 1991, No.57, Amendment
of the Planning Regulations be postponed until 30 September 1992.
Question - put and passed.
5. NOTICES:
The following notices were given:
Mr Manzie: To present the Criminal Records (Spent Convictions) Bill 1992 (Serial 156).
Mr Manzie: To present the Juvenile Justice Amendment Bill 1992 (Serial 157).
Mr Perron: To present the Mutual Recognition (Northern Territory) Bill 1992 (Serial 155).
Mr Coulter: To present the Mining Amendment Bill (No.2) 1992 (Serial 154).
6. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Minister for Correctional Services (Mr Reed) laid on the Table the following Paper -
. Letter, Mr B.R. Ede, MLA, Leader of theOpposition to Mr D.L. Heiss, dated 10 July 1992.
A supplementary answer was given by the Minister for Industries and Development (Mr Hatton) to a question asked
by the Member for Millner (Mr Parish) this day.
7. ALTERNATIVE ENERGY - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Transport and Works (Mr Finch) made a statement relating to alternative energy sources in the Northern Territory.
Mr Finch moved - That the Assembly take note of the Statement.
Debate ensued.
Page 403
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Suspension of sitting: The sitting was suspended between 11.54 a.m. and 2.00 p.m.
____________________
Debate continued.
Question - put and passed.
8. BARKLY REGION - ECONOMIC DEVELOPMENT STRATEGY - PAPERS TABLED - PAPERS NOTED:
The Minister for Industries and Development (Mr Hatton) laid on the Table the following Papers -
. Profile: Tennant Creek - Australia's Northern Territory;
. Barkly Region, Economic Development Strategy, May 1992 ; and
. Barkly Region, Economic Development Strategy, Maps, April 1992.
Mr Hatton made a statement relating thereto.
Mr Hatton moved - That the Assembly take note of the Papers.
Debate ensued.
Question - put and passed.
9. LOCAL GOVERNMENT AMENDMENT BILL 1992 (Serial 158):
The Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Vale) presented a Bill for an Act
to amend the Local Government Act.
Bill read a first time.
Mr Vale moved - That the Bill be now read a second time.
On the motion of the Member for Victoria River (Mr Cartwright) debate was adjourned.
10. LOCAL GOVERNMENT AMENDMENT BILL (No.2) 1992 (Serial 159); PLANNING AMENDMENT BILL 1992 (Serial 160);
and CONTROL OF ROADS AMENDMENT BILL 1992 (Serial 161):
Suspension of Standing Orders: The Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Vale) moved -
That so much of Standing Orders be suspended as would prevent three Bills, the Local Government Amendment Bill (No.2) 1992
(Serial 159); the Planning Amendment Bill 1992 (Serial 160); and the Control of Roads Amendment Bill 1992 (Serial 161) -
(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.
Mr Vale presented a Bill for an Act to amend the Local Government Act; a Bill for an Act to amend the Planning Act; and a Bill
for an Act to amend the Control of Roads Act.
Bills read a first time.
Mr Vale moved - That the Bills be now read a second time.
Page 404
On the motion of the Member for Victoria River (Mr Cartwright) debate was adjourned.
11. TOBACCO BILL 1991 (Serial 118):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for consideration of the Bill.
____________________
In the Committee
(Chairman - Mr Poole)
Clause 1 agreed to.
Clause 2 negatived.
On the motion of the Minister for Health and Community Services (Mr Manzie) the following new clause was inserted in the Bill -
"2. COMMENCEMENT
"This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.".
Clause 3 read.
On the motion of Mr Manzie the following amendments were taken together, by leave, and agreed to, after debate -
Omit from the definition of "child" in subclause (1) the words 16 years" and insert in their stead "18 years";
Omit from the definition of "health warning" in subclause (1) the words ", in relation to a tobacco product,"; and
Omit from subclause (1) the definition of "tobacco advertisement".
Clause 3, as amended, agreed to.
Clause 4 agreed to.
Clause 5 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit subclause (2)(b).
Clause 5, as amended, agreed to.
Clause 6 agreed to.
Clause 7 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit paragraph (a) and insert in its stead the following:
"(a) a health warning; and".
Clause 7, as amended, agreed to.
Clause 8 read.
On the motion of Mr Manzie the following amendment was agreed to, after debate -
Page 405
Omit from subclause (1) "or of persons using a vending machine on the premises".
Clause 8, as amended, agreed to, after debate.
Clause 9 agreed to.
Clause 10 negatived.
Clause 11 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit ", 7 or 10" and insert in its stead "or 7".
Clause 11, as amended, agreed to.
Clause 12 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit subclause (2) and insert in its stead the following:
"(2) Without limiting the generality of subsection (1), the Regulations may prescribe -
(a) the words or symbols that comprise health warnings or notices;
(b) the place where words or symbols are to be marked;
(c) the size, type face and colour in which words or symbols, and the colour of their background, are to be marked;
(d) the manner of marking, whether by printing or otherwise, a health warning or notice;
(e) the manner, form and method of displaying health warnings and notices;
(f) the area or size of a health warning or notice; and
(g) a penalty not exceeding a fine of $10,000 for an offence against the Regulations.".
Clause 12, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole.
Mr Manzie, by leave, moved the following amendment to the Title of the Bill -
Omit ", to control advertising of tobacco products".
Amendment agreed to.
Remainder of the Bill, as amended, agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
On the motion of Mr Manzie the Bill was read a third time and passed to be a proposed law.
12. HOUSING AMENDMENT BILL 1992 (Serial 138):
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 -
Page 406
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 Lands and Housing (Mr Ortmann) the Bill was read a third time and passed to be a proposed law.
13. MISUSE OF DRUGS AMENDMENT BILL (No.2) 1992 (Serial 146):
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 refused: And the Attorney-General (Mr Manzie) having sought leave to move a motion for the third reading of the Bill forthwith -
Objection being raised, leave not granted.
The Assembly, according to Order, resolved itself into Committee of the Whole for consideration of the Bill.
____________________
In the Committee
(Chairman - Mr Poole)
Bill, by leave, taken as a whole.
Debate ensued.
The Leader of Government Business (Mr Setter) moved - That the question be now put.
And the Chairman, having put that question and having declared the motion passed -
The Member for Macdonnell (Mr Bell) called for a division.
Division not supported.
Question - That the Bill stand as printed - put and passed.
Bill to be reported without amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
The Attorney-General (Mr Manzie) moved - That the Bill be now read a third time.
Debate ensued.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
14. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 9.22 p.m. until tomorrow at 10.00 a.m.
====================
ATTENDANCE:
All Members attended the sitting.
Page 407
__________________________________________________________________________________
Date : 12/08/1992
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. REGULATIONS 1991, No.63 - REGISTRATION REGULATIONS - NOTICE WITHDRAWN:
The Chairman of the Subordinate Legislation and Tabled Papers Committee (Mr Setter) withdrew Notice No.1 standing in his
name relating to the proposed disallowance of the Registration Regulations 1991, No.63.
Mr Setter, by leave, made a statement relating thereto.
4. REGULATIONS 1991, No.57 - AMENDMENT OF THE PLANNING REGULATIONS- MOTION POSTPONED:
The Chairman of the Subordinate Legislation and Tabled Papers Committee (Mr Setter) moved - That consideration
of Notice No.2 standing in his name relating to the proposed disallowance of Regulations 1991, No.57, Amendment
of the Planning Regulations be postponed until 30 September 1992.
Question - put and passed.
5. NOTICES:
The following notices were given:
Mr Manzie: To present the Criminal Records (Spent Convictions) Bill 1992 (Serial 156).
Mr Manzie: To present the Juvenile Justice Amendment Bill 1992 (Serial 157).
Mr Perron: To present the Mutual Recognition (Northern Territory) Bill 1992 (Serial 155).
Mr Coulter: To present the Mining Amendment Bill (No.2) 1992 (Serial 154).
6. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Minister for Correctional Services (Mr Reed) laid on the Table the following Paper -
. Letter, Mr B.R. Ede, MLA, Leader of theOpposition to Mr D.L. Heiss, dated 10 July 1992.
A supplementary answer was given by the Minister for Industries and Development (Mr Hatton) to a question asked
by the Member for Millner (Mr Parish) this day.
7. ALTERNATIVE ENERGY - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Transport and Works (Mr Finch) made a statement relating to alternative energy sources in the Northern Territory.
Mr Finch moved - That the Assembly take note of the Statement.
Debate ensued.
Page 403
____________________
Suspension of sitting: The sitting was suspended between 11.54 a.m. and 2.00 p.m.
____________________
Debate continued.
Question - put and passed.
8. BARKLY REGION - ECONOMIC DEVELOPMENT STRATEGY - PAPERS TABLED - PAPERS NOTED:
The Minister for Industries and Development (Mr Hatton) laid on the Table the following Papers -
. Profile: Tennant Creek - Australia's Northern Territory;
. Barkly Region, Economic Development Strategy, May 1992 ; and
. Barkly Region, Economic Development Strategy, Maps, April 1992.
Mr Hatton made a statement relating thereto.
Mr Hatton moved - That the Assembly take note of the Papers.
Debate ensued.
Question - put and passed.
9. LOCAL GOVERNMENT AMENDMENT BILL 1992 (Serial 158):
The Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Vale) presented a Bill for an Act
to amend the Local Government Act.
Bill read a first time.
Mr Vale moved - That the Bill be now read a second time.
On the motion of the Member for Victoria River (Mr Cartwright) debate was adjourned.
10. LOCAL GOVERNMENT AMENDMENT BILL (No.2) 1992 (Serial 159); PLANNING AMENDMENT BILL 1992 (Serial 160);
and CONTROL OF ROADS AMENDMENT BILL 1992 (Serial 161):
Suspension of Standing Orders: The Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Vale) moved -
That so much of Standing Orders be suspended as would prevent three Bills, the Local Government Amendment Bill (No.2) 1992
(Serial 159); the Planning Amendment Bill 1992 (Serial 160); and the Control of Roads Amendment Bill 1992 (Serial 161) -
(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.
Mr Vale presented a Bill for an Act to amend the Local Government Act; a Bill for an Act to amend the Planning Act; and a Bill
for an Act to amend the Control of Roads Act.
Bills read a first time.
Mr Vale moved - That the Bills be now read a second time.
Page 404
On the motion of the Member for Victoria River (Mr Cartwright) debate was adjourned.
11. TOBACCO BILL 1991 (Serial 118):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for consideration of the Bill.
____________________
In the Committee
(Chairman - Mr Poole)
Clause 1 agreed to.
Clause 2 negatived.
On the motion of the Minister for Health and Community Services (Mr Manzie) the following new clause was inserted in the Bill -
"2. COMMENCEMENT
"This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.".
Clause 3 read.
On the motion of Mr Manzie the following amendments were taken together, by leave, and agreed to, after debate -
Omit from the definition of "child" in subclause (1) the words 16 years" and insert in their stead "18 years";
Omit from the definition of "health warning" in subclause (1) the words ", in relation to a tobacco product,"; and
Omit from subclause (1) the definition of "tobacco advertisement".
Clause 3, as amended, agreed to.
Clause 4 agreed to.
Clause 5 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit subclause (2)(b).
Clause 5, as amended, agreed to.
Clause 6 agreed to.
Clause 7 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit paragraph (a) and insert in its stead the following:
"(a) a health warning; and".
Clause 7, as amended, agreed to.
Clause 8 read.
On the motion of Mr Manzie the following amendment was agreed to, after debate -
Page 405
Omit from subclause (1) "or of persons using a vending machine on the premises".
Clause 8, as amended, agreed to, after debate.
Clause 9 agreed to.
Clause 10 negatived.
Clause 11 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit ", 7 or 10" and insert in its stead "or 7".
Clause 11, as amended, agreed to.
Clause 12 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit subclause (2) and insert in its stead the following:
"(2) Without limiting the generality of subsection (1), the Regulations may prescribe -
(a) the words or symbols that comprise health warnings or notices;
(b) the place where words or symbols are to be marked;
(c) the size, type face and colour in which words or symbols, and the colour of their background, are to be marked;
(d) the manner of marking, whether by printing or otherwise, a health warning or notice;
(e) the manner, form and method of displaying health warnings and notices;
(f) the area or size of a health warning or notice; and
(g) a penalty not exceeding a fine of $10,000 for an offence against the Regulations.".
Clause 12, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole.
Mr Manzie, by leave, moved the following amendment to the Title of the Bill -
Omit ", to control advertising of tobacco products".
Amendment agreed to.
Remainder of the Bill, as amended, agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
On the motion of Mr Manzie the Bill was read a third time and passed to be a proposed law.
12. HOUSING AMENDMENT BILL 1992 (Serial 138):
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 -
Page 406
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 Lands and Housing (Mr Ortmann) the Bill was read a third time and passed to be a proposed law.
13. MISUSE OF DRUGS AMENDMENT BILL (No.2) 1992 (Serial 146):
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 refused: And the Attorney-General (Mr Manzie) having sought leave to move a motion for the third reading of the Bill forthwith -
Objection being raised, leave not granted.
The Assembly, according to Order, resolved itself into Committee of the Whole for consideration of the Bill.
____________________
In the Committee
(Chairman - Mr Poole)
Bill, by leave, taken as a whole.
Debate ensued.
The Leader of Government Business (Mr Setter) moved - That the question be now put.
And the Chairman, having put that question and having declared the motion passed -
The Member for Macdonnell (Mr Bell) called for a division.
Division not supported.
Question - That the Bill stand as printed - put and passed.
Bill to be reported without amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
The Attorney-General (Mr Manzie) moved - That the Bill be now read a third time.
Debate ensued.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
14. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 9.22 p.m. until tomorrow at 10.00 a.m.
====================
ATTENDANCE:
All Members attended the sitting.
Page 407
Last updated: 04 Aug 2016