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Minutes of Proceedings - 1996-08-13

Seventh Assembly First Session 13/08/1996 Parliamentary Record No. 23
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Date : 13/08/1996
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1. MEETING:
    The Assembly met at 10.00 a.m., pursuant to resolution of the Assembly, dated Thursday 22 May 1996. The Speaker, the Honourable T.R. McCarthy, took the Chair.

2. PRAYERS.

3. BROADCAST OF BUDGET SPEECH:
    The Speaker advised Honourable Members that he had given permission for NTD Channel 8 and ABC Television to access the Hansard equipment for the purpose of rebroadcasting the Treasurer’s Budget Speech and for 8TOP FM to broadcast the Budget Speech live to air.

4. MESSAGE FROM THE ADMINISTRATOR:
    The Speaker advised Honourable Members that he had received the following Message from His Honour the Administrator -
    Message No. 21

    I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of Australia, in pursuance of section 11 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act to authorise the issuing and expending of the public moneys of the Territory in respect of the year ending 30 June 1997.

    Dated 12 August 1996.
(Sgd) AUSTIN ASCHE
Administrator.
    (Paper 2020)
5. DISTINGUISHED VISITOR:
    The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of Mr Marshall Perron, former Chief Minister of the Northern Territory and former Member for Fannie Bay.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.

6. ADMINISTRATIVE ARRANGEMENTS ORDER:
    The Chief Minister (Mr Stone), by leave, made a statement informing the Assembly that on 21 June 1996, His Honour the Administrator made the following appointments of Ministers of the Northern Territory:
      SHANE LESLIE STONE
      Chief Minister
      Minister for Police, Fire and Emergency Services
      Minister for Constitutional Development

      MICHAEL ANTHONY REED
      Treasurer
      Minister for Tourism
      Minister for Lands, Planning and Environment
      BARRY FRANCIS COULTER
      Minister for Transport and Works
      Minister for the Railway
      STEPHEN PAUL HATTON
      Minister for Correctional Services
      Minister for Parks and Wildlife
      Minister for Sport and Recreation
      Minister for Ethnic Affairs
      ERIC HOUGUET POOLE
      Minister for Asian Relations, Trade and Industry
      Minister for Regional Development
      Minister Assisting the Chief Minister on Central Australia
      DENIS GABRIEL BURKE
      Attorney-General
      Minister for Health Services
      Minister for Work Health
      Minister for the Liquor Commission
      FREDERICK ARTHUR FINCH
      Minister for Education and Training
      Minister for Public Employment
      Minister for Racing and Gaming

      DARYL WILLIAM MANZIE
      Minister for Mines and Energy
      Minister for Power and Water
      Minister for the Arts and Museums
      Minister for Territory Insurance

      MICHAEL JAMES PALMER
      Minister for Primary Industry and Fisheries
      Minister for Aboriginal Development
      Minister for Housing
      Minister for Local Government.
      Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper -
      Administrative Arrangements Order, Gazette No. S17, dated 21 June 1996 (Paper 2504).

7. NOTICE:
    The following notice was given -
    Mr Stone: To move - That:
      This Assembly -
. acknowledges the achievements of Australian Olympians at the Centenary Olympics in Atlanta and, in particular, the participation of Territorians, Ms Nova Peris, Mr Ian Vander-Wal, Mr James Swan and Ms Kerry Dienelt;
    . conveys its best wishes and encouragement to Territory Para-Olympians, Mr Mark Davies, Mr Sam Rickard, Mr Hamish MacDonald and Mr Russell Short, who are currently in Atlanta for the commencement of the Para-Olympic Games; and

    . acknowledges the outstanding contribution of the Northern Territory Police Officers who participated in a voluntary capacity in the security arrangements for the Centenary Olympics in Atlanta.

    8. SESSIONAL COMMITTEE ON USE AND ABUSE OF ALCOHOL BY THE COMMUNITY - CHANGE IN MEMBERSHIP:
      The Leader of Government Business (Mr Coulter), by leave, moved - That the Member for Leanyer (Mr Finch) be discharged from further attendance on the Sessional Committee on Use and Abuse of Alcohol by the Community and the Member for Brennan (Mr Burke) be appointed as a member of that Committee in his stead.
        Question - put and passed.
    9. PERSONAL EXPLANATION:
      The Minister for Work Health (Mr Burke), pursuant to Standing Order 57 made a personal explanation referring to an answer to a question asked by the Member for Casuarina (Mr Adamson) on 27 February 1996 regarding the Building Workers Union.
      Point of order: The Member for Macdonnell (Mr Bell) raised a point of order relating to the guidelines for the administration of Standing Order 57 which provide for personal explanations by members.
        The Speaker advised that Mr Burke had complied with the new requirements.
        Mr Burke resumed his explanation.
    10. MATTER OF PRIVILEGE - ALLEGED SPEAKER’S CONSTRAINT ON MEMBERS’ MAKING PERSONAL EXPLANATIONS - MATTER NOT REFERRED:
      The Speaker advised Members that he had considered the matter raised by the Member for Macdonnell (Mr Bell) on Thursday 23 May 1996 and his request for referral of that matter to the Committee of Privileges.
      The Speaker addressed the Assembly as follows:
          ‘Honourable Members will recall that on the last day of the May sittings, the Member for Macdonnell raised as a matter of privilege, pursuant to then Standing Order 83, the following matter:
          “The Speaker’s constraint, when granting leave to a Member to make a personal explanation under Standing Order 57, on a Member not to depart from the agreed content of the personal explanation submitted to him in writing be referred to the Committee of Privileges.”.
          I advise the Assembly that, as I consider the matter raised to be a matter of order rather than one of privilege, I do not propose to refer it to the Committee of Privileges.
          Further, I remind Honourable Members that I intend to administer the guidelines, as I outlined in my letter dated 16 February 1996 relating to Standing Orders 54 and 57, in respect of explanations of speeches and personal explanations, with a certain amount of flexibility. I trust that those guidelines will be dealt with in a cooperative manner by all Honourable Members so as to facilitate the orderly conduct of Assembly business.’.
      11. DISSENT FROM SPEAKER’S RULING, MEMBERS MAKING PERSONAL EXPLANATIONS - MOTION NEGATIVED:
        The Member for Macdonnell (Mr Bell) thereupon moved dissent from the Speaker’s ruling and submitted such dissent in writing pursuant to Standing Order 82.
          The Deputy Leader of the Opposition (Mr Bailey) seconded the motion.
          Debate ensued.
      Question - That the motion be agreed to - put.
      The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

      AYES, 8 NOES, 16

      Mr Ah Kit Mr Adamson
      Mr Bailey Mr Baldwin
      Mr Bell Mrs Braham
      Mr Ede Mr Burke
      Mrs Hickey Mr Coulter
      Ms Martin Mr Finch
      Mr Rioli Mr Hatton
      Mr Stirling Dr Lim
      Mr Manzie
      Mr Mitchell
      Mrs Padgham-Purich
      Mr Palmer
      Mr Poole
      Mr Reed
      Mr Setter
      Mr Stone

      Motion negatived accordingly.

      12. DISTINGUISHED VISITORS:
        The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of Honourable Paul Everingham, AO, former Chief Minister in this Legislative Assembly and former Member for the Northern Territory in the House of Representatives; and Honourable Nick Dondas, AM, Member for the Northern Territory in the House of Representatives.
        On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitors.

      13. QUESTIONS:
        Questions were asked of Ministers.

      14. APPROPRIATION BILL 1996-97 (Serial 166):
        The Treasurer (Mr Reed), presented a Bill for an Act to authorise the issuing and expending of the public moneys of the Territory in respect of the year ending 30 June 1997, the subject of His Honour the Administrator’s Message No. 21.
        Bill read a first time.
        Mr Reed moved - That the Bill be now read a second time.
        Papers tabled: Mr Reed laid on the Table the following Papers -
          Guide through the Budget Papers 1996-97 (Paper 2506);
          Budget Paper No. 1, 1996-97 - Budget Speech and Appropriation Bill (Paper 2507);
          Budget Paper No. 2, 1996-97 - The Budget, Part I (Paper 2508);
          Budget Paper No. 2, 1996-97 - The Budget, Part II (Paper 2509);
          Budget Paper No. 3, 1996-97 - Sources of Funds (Paper 2510);
          Budget Paper No. 4, 1996-97 - Capital Works Program (Paper 2511);
          Budget Paper No. 5, 1996-97 - Issues in Public Finance (Paper 2512);
          Budget Paper No. 6, 1996-97 - Northern Territory Economy (Paper 2513);
          1996-97 - Budget and Capital Works - Regional Highlights - Darwin (Paper 2514);
          1996-97 - Budget and Capital Works - Regional Highlights - Palmerston and Rural (Paper 2515);
          1996-97 - Budget and Capital Works - Regional Highlights - Katherine (Paper 2516);
          1996-97 - Budget and Capital Works - Regional Highlights - Arnhem and Tiwi Islands (Paper 2517);
          1996-97 - Budget and Capital Works - Regional Highlights - Tennant Creek (Paper 2518);
          1996-97 - Budget and Capital Works - Regional Highlights - Alice Springs (Paper 2519); and
          1996-97 - Women in the Budget (Paper 2505).

        On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.
      ____________________
        Suspension of sitting: The sitting was suspended between 11.53 a.m. and 2.00 p.m.
      ____________________

      15. PROPOSED CENSURE OF THE CHIEF MINISTER - MOTION NEGATIVED:
        Suspension of Standing Orders -move a motion of censure: The Leader of the Opposition (Mrs Hickey) moved - That so much of Standing Orders be suspended as would prevent her moving a motion censuring the Chief Minister (Mr Stone) for accepting a gift of travel and tickets to the Atlanta Olympics from Telstra.
        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 (Mrs Hickey) thereupon moved - That this Assembly censures the Chief Minister for accepting from Telstra a gift of travel and tickets to Olympic events in Atlanta for himself and his spouse because it:

        1. is unethical and unprincipled for the Chief Minister to accept the gift;
          2. places the Chief Minister in a conflict of interest on all matters before the Government in which Telstra has an interest;
          3. will compromise the efforts of this Parliament to fight the plans by Telstra to sack Territorian workers; and
          4. will compromise the ability of this Parliament to fight for the expansion of Telstra’s community service obligations for rural and remote Territorians.
        Debate ensued.
        Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper -
          Letter, Hon Shane L. Stone, MLA, Chief Minister to Mr W. Frank Blount, Chief Executive Officer, Telstra, dated 18 July 1996 (Paper 2521).
        Mr Stone moved - That the question be now put.
        Question - That the question be now put - put.
        The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

      AYES, 15 NOES, 7

      Mr Adamson Mr Ah Kit
      Mr Baldwin Mr Bailey
      Mrs Braham Mr Bell
      Mr Burke Mr Ede
      Mr Coulter Mrs Hickey
      Mr Finch Ms Martin
      Mr Hatton Mr Stirling
      Dr Lim
      Mr Manzie
      Mr Mitchell
      Mr Palmer
      Mr Poole
      Mr Reed
      Mr Setter
      Mr Stone
        And so it was resolved in the affirmative.
        Question - That the motion be agreed to - put.
        The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

      AYES, 7 NOES, 15

      Mr Ah Kit Mr Adamson
      Mr Bailey Mr Baldwin
      Mr Bell Mrs Braham
      Mr Ede Mr Burke
      Mrs Hickey Mr Coulter
      Ms Martin Mr Finch
      Mr Stirling Mr Hatton
      Dr Lim
      Mr Manzie
      Mr Mitchell
      Mr Palmer
      Mr Poole
      Mr Reed
      Mr Setter
      Mr Stone
        Motion negatived accordingly.

      16. GRAIN MARKETING ACT REPEAL BILL 1996 (Serial 152):
        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 Minister for Primary Industry and Fisheries (Mr Palmer) the Bill was read a third time and passed to be a proposed law.

      17. SUPREME COURT AMENDMENT BILL 1996 (Serial 151):
        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 Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.



      18. JUSTICES AMENDMENT BILL 1996 (Serial 153):
        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 Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.

      19. BAIL AMENDMENT BILL 1996 (Serial 157):
        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 Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.

      20. CRIMINAL CODE AMENDMENT BILL 1996 (Serial 161):
        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 Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.

      21. ADJOURNMENT:
        The Deputy Chief Minister (Mr Reed) moved - That the Assembly do now adjourn.
          Debate ensued
        Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -
          Letter, Mr Neil Bell, MLA to Hon Mike Reed, MLA, Minister for Planning, dated 31 July 1996 (Paper 2570).

        Debate continued.
          Question - put and passed.
          And the Assembly adjourned at 6.52 p.m. until tomorrow at 10.00 a.m.
      __________________________________________
        PAPERS:
        The following Papers were deemed to have been presented on Tuesday 13 August 1996:

        Annual Report:
          National Road Trauma Advisory Council, 1994-95 (Paper 2522).
        Crown Lands Act:
          Revocation of Reserve No. 1301, pursuant to section 76(5), Adelaide River, dated 18 July 1996 (Paper 2523)

        Financial Management Act:
          Approval of Additional Allocation, pursuant to section 22(1), Department of the Legislative Assembly, dated 26 June 1996 (Paper 2539)
          Approval of Additional Allocations, pursuant to section 22(1), Office of the Director of Public Prosecutions, dated 26 June 1996 (Paper 2542)
          Approval of Additional Allocations, pursuant to section 22(1), Northern Territory Employment and Training Authority, Power and Water Authority: Aboriginal Essential Services, Department of Correctional Services, dated 30 June 1996 (Paper 2541)
          Determination, pursuant to section 22(2), signed by the Chief Minister acting for and on behalf of the Treasurer, Various Agencies, dated 30 June 1996 (Paper 2540)
          Direction by the Administrator, pursuant to section 20(1)(a), Transfer of Excess Allocations, Territory Health Services, dated 28 June 1996 (Paper 2528)
          Direction by the Administrator, pursuant to section 20(1)(a), Transfer of Excess Allocations, Various Agencies, dated 28 June 1996 (Paper 2529)
          Direction by the Administrator, pursuant to section 20(1)(a), Transfer of Excess Allocations , Various Agencies, dated 31 May 1996 (Paper 2530)
          Direction by the Administrator, pursuant to section 20(1)(a), Transfer of Excess Allocations, Various Agencies, dated 31 May 1996 (Paper 2531)
          Direction by Treasurer, pursuant to section 20(1)(b), Transfer of Excess Allocation, Northern Territory Housing Commission (Housing), dated 4 June 1996 (Paper 2525)
          Direction by Treasurer, pursuant to section 20(1)(b), Transfer of Excess Allocation, Department of Transport and Works, dated 20 June 1996 (Paper 2527)
          Direction by Chief Minister acting for and on behalf of the Treasurer, pursuant to section 20(1)(b), Transfer of Excess Allocation, Department of Transport and Works (NCOM), dated 28 June 1996 (Paper 2538)
          Direction by Chief Minister acting for and on behalf of the Treasurer, pursuant to section 20(1)(b), Transfer of Excess Allocation, Centralian College, dated 30 June 1996 (Paper 2532)
          Direction by Chief Minister acting for and on behalf of the Treasurer, pursuant to section 20(1)(b), Transfer of Excess Allocations, Department of Education, dated 30 June 1996 (Paper 2534)
          Direction by Chief Minister acting for and on behalf of the Treasurer, pursuant to section 20(1)(b), Transfer of Excess Allocations, Northern Territory Attorney-General’s Department, dated 30 June 1996 (Paper 2536)
          Direction by Chief Minister acting for and on behalf of the Treasurer, pursuant to section 20(1)(b), Transfer of Excess Allocations, Northern Territory Employment and Training Authority, dated 30 June 1996 (Paper 2537)
          Direction by Chief Minister acting for and on behalf of the Treasurer, pursuant to section 20(1)(b), Transfer of Excess Allocation, Parks and Wildlife Commission of the Northern Territory, dated 30 June 1996 (Paper 2535)
          Direction by Chief Minister acting for and on behalf of the Treasurer, pursuant to section 20(1)(b), Transfer of Excess Allocations, Power and Water Authority; Aboriginal Essential Services, dated 30 June 1996 (Paper 2533)
          Variation of Allocations to Activities, pursuant to section 23(1), Department of Transport and Works; N T Fleet, dated 5 June 1996 (Paper 2526)
          Variation of Allocation to Activity, pursuant to section 23(1), Department of Transport and Works; Construction Agency, dated 26 June 1996 (Paper 2547)
          Variation of Allocation to Activity, pursuant to section 23(1), Department of Transport and Works; N T Fleet, Department of Transport and Works; NCOM, dated 26 June 1996 (Paper 2543)
          Variation of Allocation to Activity, pursuant to section 23(1), Power and Water Authority: Commercial Services and Power and Water Authority: Water Resources, dated 26 June 1996 (Paper 2548)
          Variation of Allocations to Activities, pursuant to section 23(1), Department of Transport and Works; N T Fleet and Department of Transport and Works; NCOM, dated 30 June 1996 (Paper 2544)
          Variation of Allocation to Activity, pursuant to section 23(1) and 23(2), Northern Territory Police, Fire and Emergency Services, dated 30 June 1996 (Paper 2545)
          Variation of Allocation to Activity, pursuant to section 23(1), Power and Water Authority; Commercial Services, dated 30 June 1996 (Paper 2546)
        Police Administration Act:
          Consent Agreement pursuant to section 51(a), dated 26 July 1996 (Paper 2524)

        Regulations, 1996:
          No. 21, Palmerston (Private Swimming Pool) By-laws (Paper 2549)
          No. 22, Amendment of Justices Regulations (Paper 2550)
          No. 23, Amendment of Justices (Territory Infringement Notices Enforcement Scheme) Regulations (Paper 2551)
          No. 24, Amendment of Justices (Territory Infringement Notices Enforcement Scheme) Regulations (Paper 2552)
          No. 25, Amendments of Gaming Machine Regulations (Paper 2553)
          No. 26, Amendment of Education (Board of Studies) Regulations (Paper 2554)
          No. 27, Amendment of Supreme Court Rules (Paper 2555)
          No. 28, Sentencing Regulations (Paper 2556)
          No. 29, Status of Children Regulations (Paper 2557)
          No. 30, Amendments of Motor Vehicles (Fees and Charges) Regulations (Paper 2558)
          No. 31, Amendment of Prisons (Correctional Services) Regulations (Paper 2559)
          No. 32, Prisons (Correctional Services) (Home Detention Orders) Regulations (Paper 2560)
          No. 33, Prisons (Correctional Services) (Community Service Orders) Regulations (Paper 2561)
          No. 34, Rights of the Terminally Ill Regulations (Paper 2562)
          No. 35, Amendment of Legal Practitioners Regulations (Paper 2563)
          No. 36, Amendment of Legal Practitioners Rules (Paper 2564)
          No. 37, Northern Territory Electoral Regulations (Paper 2565)
          No. 38, Amendment of Work Health Regulations (Paper 2566)
          No. 39, Amendment of Prisoners (Interstate Transfer) Regulations (Paper 2567)
          No. 40, Amendment of Fisheries Regulations (Paper 2568)
          No. 41, Amendment of Planning Regulations (Paper 2569).
        __________________________________________

        ATTENDANCE:
        All Members attended the sitting.
      Last updated: 04 Aug 2016
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