Department of the Legislative Assembly, Northern Territory Government
Department of the Legislative Assembly, Northern Territory Government

https://parliament.nt.gov.au
PRINT
Business
Home About Parliament Business
Parliamentary Record (Hansard) and Minutes of Proceedings with Advance Search
Meeting Documents
Tabled Papers
Standing and Sessional Orders
Northern Territory Legislation
Petitions and Responses
Written Questions
Summary of Meetings
Condolence Motions
Members Committees The Department

Minutes of Proceedings - 1999-10-20

Eighth Assembly First Session 12/10/1999 Parliamentary Record No. 19
__________________________________________________________________________________

Date : 20/10/1999
__________________________________________________________________________________

1. MEETING:
    The Assembly met at 10.00 h. The Speaker, the Honourable T R McCarthy, took the Chair.

2. PRAYERS.

3. NOTICES:
    The following notices were given:
    Mr Burke: To present the Legal Aid Amendment Bill 1999 (Serial 176).
    Mr Burke: To present the Law of Property Bill 1999 (Serial 200).
    Mr Burke: To present the Land Title Bill 1999 (Serial 201).
    Mr Baldwin: To present the Planning Bill 1999 (Serial 198).
    Mr Baldwin: To present the Planning (Consequential Amendments) Bill 1999 (Serial 199).
    Mr Reed: To present the Parks and Wildlife Commission Amendment Bill 1999 (Serial 180).
    Mr Reed: To present the Nitmiluk (Katherine Gorge) National Park Amendment Bill 1999 (Serial 181).
4. QUESTIONS:
    10:01 Ms Martin to Mr Dunham.
    Paper tabled: The Minister for Health, Family and Children’s Services (Mr Dunham) laid on the Table the following Paper –
Report by David Green MB BS FACEM, re Emergency Services Unit at Royal Darwin Hospital, dated 28 February 1999 (Paper 1550).

    10:06 Mr Hatton to Mr Burke.
    10:14 Mr Stirling to Mr Dunham.
    10:16 Mr Elferink to Mr Manzie.
    10:21 Mr Stirling to Mr Dunham.
    10:23 Dr Lim to Mr Dunham.
    10:27 Mr Henderson to Mr Dunham.
    Paper tabled: The Member for Wanguri (Mr Henderson), by leave, laid on the Table the following Paper –
Letter, Ms Meredith Dewar, President, Carpentaria Disability Services Inc to the Honourable Stephen Dunham MLA, dated 22 September 1999 (Paper 1603).
    10:30 Mr Elferink to Mrs Braham.
    10:35 Mr Henderson to Mr Dunham.
    10:40 Mr Stone to Mr Baldwin.
    10:46 Mr Ah Kit to Mr Palmer.
    10:59 Mr Hatton to Mr Palmer.

    The Leader of Government Business (Mr Palmer) asked that further questions be placed on the Question Paper.

5.NATIVE TITLE ISSUES – MINISTERIAL STATEMENT –STATEMENT NOTED:
    The Chief Minister (Mr Burke) made a statement relating to current Native Title issues facing the Territory (Paper 1551).
    Mr Burke moved – That the Assembly take note of the Statement.
    Debate ensued.
    Question – put and passed.

6.REFORM TO THE SUPPLY OF ELECTRICITY IN THE NORTHERN TERRITORY – MINISTERIAL STATEMENT – STATEMENT NOTED:
    The Treasurer (Mr Reed) made a statement relating to the plan to allow competition into the Territory electricity market (Paper 1553).
    Mr Reed moved – That the Assembly take note of the Statement.
    Debate ensued.
    Papers tabled: Mr Reed laid on the Table the following Papers –
An Outline of the proposed NT Electricity Networks Access Code (Paper 1556); and
An Overview of proposed Market and Regulatory Arrangements (Paper 1557).
    Debate continued.
    Question – put and passed.

7.POWER AND WATER AUTHORITY ENVIRONMENTAL STRATEGIES FOR THE 21ST CENTURY – MINISTERIAL STATEMENT – STATEMENT NOTED:
    The Minister for Essential Services (Mr Dunham) made a statement relating to the environmental aspects of and friendlier ways for the deliver services by the Power and Water Authority (Paper 1554).
    Paper tabled: Mr Dunham laid on the Table the following Paper –
Power and Water Authority Environment Report, June 1999 (Paper 1555).

    Mr Dunham moved – That the Assembly take note of the Statement.
    Debate ensued.
    Paper tabled: The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Paper –
Water for Life, Centralian Advocate, Friday 15 October 1999 (Paper 1558).

    Debate continued.
    Question – put and passed.
8. DISCUSSION OF MATTER OF PUBLIC IMPORTANCE – DISABILITY SERVICES IN THE TERRITORY:
    The Speaker advised that the Member for Wanguri (Mr Henderson) had proposed, pursuant to Standing Order 94, the following definite matter of public importance for discussion this day:
        The urgent requirement to address the level of critical unmet need in disability services in the Territory.

    The proposed discussion having received the necessary support –
    The Speaker called upon Mr Henderson to address the Assembly.
    Discussion ensued.
    Paper tabled: The Member for Wanguri (Mr Henderson), by leave, laid on the Table the following Paper –
Extract, Supporting Australians with Severe and Profound Disabilities, Table 4 – Funding contributions made by Governments to accommodate, support, respite care and day care services, 1989-90 to 1998-99 (Paper 1559).

    Discussion continued.
    Discussion concluded.
9.NORTHERN TERRITORY EMPLOYMENT AND TRAINING AUTHORITY BILL 1999 (Serial 192); AND NORTHERN TERRITORY EMPLOYMENT AND TRAINING AUTHORITY (CONSEQUENTIAL AMENDMENTS) BILL 1999 (Serial 193):
    Suspension of Standing Orders: The Minister for Tertiary Education and Training (Mr Adamson) moved – That so much of Standing Orders be suspended as would prevent Bills entitled Northern Territory Employment and Training Authority Bill 1999 (Serial 192); and Northern Territory Employment and Training Authority (Consequential Amendments) Bill 1999 (Serial 193) –
      (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 Adamson, pursuant to notice, presented a Bill for an Act to establish the Northern Territory Employment and Training Board and the Northern Territory Employment and Training Authority, to provide for employment and vocational training and for related purposes; and a Bill for an act to amend various legislative provisions consequential on the enactment of the Northern Territory Employment and Training Authority Act 1999.
    Bills read a first time.
    Mr Adamson moved – That the Bills be now read a second time.
    On the motion of the Member for Stuart (Mr Toyne) debate was adjourned.
10.SALE OF NT TAB BILL 1999 (Serial 195); TOTALISATOR LICENSING AND REGULATION BILL 1999 (Serial 196); and RACING AND BETTING AMENDMENT BILL (No. 2) 1999 (Serial 197):
    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 Bills entitled Sale of NT TAB Bill 1999 (Serial 195); Totalisator Licensing and Regulation Bill 1999 (Serial 196); and Racing and Betting Amendment Bill (No. 2) 1999 (Serial 197) –
      (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 Baldwin, pursuant to notice, presented a Bill for an Act to enable the sale of the business known as the NT TAB and for related purposes; a Bill for an Act to provide for the licensing and regulation of totalisators and wagering by means of a totalisator system in the Territory and for related purposes; and a Bill for an Act to amend the Racing and Betting Amendment Act consequential on the enactment of the Totalisator Licensing and Regulation Act 1999.
    Bills read a first time.
    Mr Adamson moved – That the Bills be now read a second time.
    On the motion of the Member for Arnhem (Mr Ah Kit) debate was adjourned.

11. RACING AND BETTING AMENDMENT BILL 1999 (Serial 194):
    The Minister for Racing, Gaming and Licensing (Mr Baldwin), pursuant to notice, presented a Bill for an Act to amend the Racing and Betting Act consequential on the enactment of the Racing and Gaming Authority Act Repeal Act 1999.
    Bill read a first time.
    Suspension of Standing Orders: Mr Baldwin moved – That so much of Standing Orders be suspended as would prevent the Bill entitled – the Racing and Betting Amendment Bill 1999 (Serial 194) –
      (a) being considered together with the package of Northern Territory Licensing Commission Bills (Serial 183 to 190 inclusive) presented on Thursday 14 October 1999 and one motion being put in regard to, respectively, its second reading; the Committee report stage; and the third reading of the Bill ; and

      (b) the consideration of the Bill 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 Baldwin moved – That the Bill be now read a second time.
    On the motion of the Member for Arnhem (Mr Ah Kit) debate was adjourned.

12.MINING AMENDMENT BILL 1999 (Serial 191):
    The Minister for Resource Development, pursuant to notice, presented a Bill for an Act to amend the Mining Act.
    Bill read a first time.
    Mr Manzie moved – That the Bill be now read a second time.
    On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
13.STATUTE LAW REVISION BILL (No. 2) 1999 (Serial 171):
    The Order of the Day having been read for the resumption of the debate on the question – That the Bill be now read a second time -
    Debate ensued.
    Question – put and passed.
    Bill read a second time.
    The Assembly resolved itself into Committee of the Whole for consideration of the Bill.

    In Committee
    (Deputy Chairman – Mr Balch)


    Clauses 1 to 4, by leave, taken together and agreed to.
    Clause 5 read –
    On the motion of the Attorney-General (Mr Burke) the following amendment was agreed to –
    Add at the end the following:
      '(5) During the period commencing on 1 July 1998 and ending on the day before the day of commencement of this Act, the Agents Licensing Board of the Northern Territory was entitled to be satisfied under section 25(a)(i) of the Agents Licensing Act that a company was authorised to carry on business as an agent –
          (a) if the company had no memorandum of association or constitution; or

          (b) in relation to a company that had a constitution – if the company was authorised to do so by its constitution.'.

    Clause 5, as amended, agreed to.
    Schedule 1 read –
    On the motion of Mr Burke the following amendment was agreed to -
    Insert before "Architects Act"the following:
    'Agents Licensing Act

    Section 25(a)(i)
    "is, by its memorandum of association, authorised"
    "has the power" '.
      Schedule 1, as amended, agreed to.
      Remainder of the Bill, by leave, taken as a whole and agreed to without amendment.
      Bill to be reported with amendments.
      The Assembly resumed; the Speaker resumed the Chair, the Chairman (Mr Balch) reported that the Committee had considered the Bill and agreed to the same with amendments – report adopted.
      On the motion of the Chief Minister (Mr Burke) the Bill was read a third time and passed to be a proposed law.
    14.ANIMAL WELFARE BILL 1999 (Serial 168):
      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 resolved itself into Committee of the Whole for consideration of the Bill.

      In Committee
      (Deputy Chairman – Mr Balch)

      Clauses 1 to 3, by leave, taken together and agreed to.
      Clause 4 read –
      On the motion of the Minister for Local Government (Mrs Braham) the following amendments were taken together, by leave, and agreed to –
      Omit paragraph (b) of the definition of "animal" and substitute the following:
        '(b) a live fish in captivity or dependent on a person for food; or

        (c) a live crustacean if it is in or on premises where food is prepared for retail sale, or offered by retail sale, for human consumption;';


      Omit 'welfare' from the definition of "ethics committee"; and
      Omit the definition of "stock animals" and substitute the following:

        ' “stock animals” includes cattle, buffaloes, horses (including mules and donkeys), sheep, deer, goats, camels, swine, crocodiles and poultry;'.

      Clause 4, as amended, agreed to.
      Clause 5 agreed to.
      Clause 6 read –
      On the motion of Mrs Braham the following amendment was agreed to, after debate –
      Add at the end the following:

        '(3) In this section, "an act of cruelty" includes the following:
            (a) an act that causes an animal unnecessary suffering;
            (b) an act that causes an animal suffering and is unreasonable in the circumstances;

            (c) treatment that is inhumane in the circumstances.'.
        Clause 6, as amended, agreed to.
        Clause 7 agreed to.
        Clause 8 read –
        On the motion of Mrs Braham the following amendment was and agreed to -
        Omit from subclause (2) 'evidence to the contrary' and substitute 'any other evidence'.
        Clause 8, as amended, agreed to.
        Clause 9 read –
        On the motion of Mrs Braham the following amendments were taken together, by leave, and agreed to –
        Omit subclause (1)(a) and substitute the following:

          '(a) dock the tail of an animal unless the animal is a dog less than 5 days old and the docking is performed in accordance with prescribed conditions;'; and
        Add at the end of subclause (1)(c) 'other than the dew claws of a dog less than 5 days old;'; and
        Insert after subclause (1)(d) the following:

          '(e) disable a bird by means of pinioning.'.
        Clause 9, as amended, agreed to.
        Clause 10 agreed to.
        Clause 11 read –
        On the motion of Mrs Braham the following amendment was agreed to –
        Omit subclause 5 and substitute the following:

          '(5) A person must not confine a bird by means of a ring, chain, string, cord or wire attached to its leg or a restraint around its neck or body.'.

        Clause 11, as amended, agreed to.
        Clauses 12 and 13, by leave, taken together and agreed to.
        Clause 14 read –
        On the motion of Mrs Braham the following amendment was agreed to -
        Omit from subclause (2) 'solely by' and substitute ‘by means of ’.
        Clause 14, as amended, agreed to.
        Clauses 15 to 17, by leave, taken together and agreed to.
        Clause 18 read –
        On the motion of Mrs Braham the following amendments were taken together, by leave, and agreed to, after debate –

        Add at the end of subclause (2) 'that is designed so that the metal jaws close against each other when the trap is activated'; and

        Add at the end the following:

          '(3) This section does not apply in relation to –
              (a) a bow trap or soft-jawed trap; or

              (b) the possession of a trap if it is possessed solely for display or as a curio or part of a collection.'.


        Clause 18, as amended, agreed to.
        Clause 19 agreed to.
        Clause 20 read –
        On the motion of Mrs Braham the following amendment was agreed to –
        Add at the end the following:

          '(3) This section does not apply in relation to the possession of spurs or devices referred to in this section if they are possessed solely for display or as curios or part of a collection.'.

        Clause 20, as amended, agreed to.
        Clauses 21 to 26, by leave, taken together and agreed to.
        Clause 27 read –
        On the motion of Mrs Braham the following amendment was agreed to -
        Omit subclause (1) and substitute the following:

          '(1) The Authority may delegate to a person any of the Authority's powers or functions under this Act (other than this power of delegation).'.

        Clause 27, as amended, agreed to.
        Clauses 28 to 40, by leave, taken together and agreed to.
        Heading to Division 2 of Part 5 –
        On the motion of Mrs Braham the following amendment was agreed to -
        Omit from the heading 'welfare'.
        Heading, as amended, agreed to.
        Clause 41 read –
        On the motion of Mrs Braham the following amendment was agreed to -
        Omit from subclause (1) 'welfare'.
        Clause 41, as amended, agreed to.
        Clauses 42 to 66 taken together, by leave, and agreed to.
        Clause 67 read –
        On the motion of Mrs Braham the following amendment was agreed to –
        Insert after subclause (1)(b) the following;

          '(c) an animal is being treated in a manner that is likely to cause it suffering,'.

        Clause 67, as amended, agreed to.
        Clauses 68 to 76, by leave, taken together and agreed to.
        Clause 77 read –
        On the motion of Mrs Braham the following amendment was agreed to –
        Omit from subclause (3) 'association' and substitute 'body'.
        Clause 77, as amended, agreed to.
        Remainder of the Bill taken together, by leave, and agreed to without amendment.
        Bill to be reported with amendments.
        The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Poole) reported that the Committee had considered the Bill and agreed to the same with amendments – report adopted.
        On the motion of the Minister for Local Government (Mrs Braham) the Bill was read a third time and passed to be a proposed law.
      15. ADJOURNMENT:
        The Leader of Government Business (Mr Palmer) moved – That the Assembly do now adjourn.
        Debate ensued.
        Papers tabled: The Member for Port Darwin (Mr Stone), by leave, laid on the Table the following Papers –
      Letter, Mr Shane Stone to Ms Kate Gilmore, National Director, Amnesty International, dated 25 November 1998 (Paper 1562);
      Amnesty Infomercial by Peter Phelps, page 13, Review, September 1999 (Paper 1560);
      Open Letter to Former Territory Chief Minister from Derek Evans, Deputy Secretary-General, Amnesty International Australia, dated 16 February 1999 (Paper 1561); and
      Re Slanderous and Defamatory Allegations made by Mr Stirling MLA against Cleanthous and Deo
      (Paper 1563).

        Debate continued.
        Paper tabled: The Member of Wanguri (Mr Henderson), by leave, laid on the Table the following Paper –
      Team Dripstone and Aquila World Solar Challenge, Sponsors and team memberships, supporters
      (Paper 1564).

        Debate continued.
        Question – put and passed.
        And the Assembly adjourned at 22:37 h until 10:00 h on Thursday 21 October 1999.
        PAPERS:
        The following Paper was deemed to be presented on Wednesday 20 October 1999 –

        Annual Report:
        Northern Territory Office of Aboriginal Development 1998/99 (Paper 1552)

        ATTENDANCE:
        All Members attended the sitting except Mr Mitchell, on leave.
      Last updated: 04 Aug 2016
      ￴