Minutes of Proceedings - 1994-03-02
Sixth Assembly First Session 01/03/1994 Parliamentary Record No. 25
__________________________________________________________________________________
Date : 02/03/1994__________________________________________________________________________________
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. PETITION:
The Member for Victoria River (Mr Cartwright), by leave, laid on the Table a petition, not conforming with Standing Orders,
from 190 petitioners requesting that the Assembly not proceed with proposed amendments to the Summary Offences Act.
Petition read.
4. NOTICES:
The following notices were given:
Mr Poole: To present the Prisons (Correctional Services) Amendment Bill 1994 (Serial 324).
Mr Coulter: To present the Museums and Art Galleries Amendment Bill 1994 (Serial 321).
Mr Reed: To present the Stock Diseases Amendment Bill 1994 (Serial 320).
Mr Finch: To present the Education Amendment Bill 1994 (Serial 323).
Mr Manzie: To present the Motor Vehicles Amendment Bill 1994 (Serial 319).
Mr Manzie: To present the Sentencing Bill 1994 (Serial 325).
Mr Manzie: To present the Sentencing (Consequential Amendments) Bill 1994 (Serial 326).
5. QUESTIONS:
A question was asked of a Minister.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
Artists Impression - Underwater Observatory.
A further question was asked of a Minister.
Paper tabled: The Minister for Mines and Energy (Mr Stone) laid on the Table the following Paper -
Letter, P.W. Stainton, Manager Exploration, Comalco Aluminium Limited toThe Director General,
Department of Mines and Energy, dated 25 January 1994.
Further questions were asked of Ministers.
Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Paper -
Letter M. Cooper, for Deputy Secretary Works to The Secretary, Work Health Authority, dated 8 July 1992.
Further questions were asked of Ministers.
Paper tabled: The Minister for Health and Community Services (Mr Reed) laid on the Table the following Paper -
Article - "The thoughts of Senator Richardson", Medical Observer, dated 25 June 1993.
6. SUPPLEMENTARY ANSWER - PAWA ELECTRICITY TARIFFS:
The Minister for Transport and Works (Mr Manzie) gave a supplementary answer to a question asked by the Member for
Nhulunbuy (Mr Stirling) during Question Time on Tuesday 1 March 1994.
Papers tabled: Mr Manzie laid on the Table the following Papers -
Graph, PAWA Tariff Analyses, Commercial and Domestic Tariffs, printed 1 March 1994; and
Table, PAWA Tariff Analyses, printed 1 March 1994.
The Member for Nhulunbuy (Mr Stirling), by leave, made a statement relating thereto.
Papers tabled: Mr Stirling, by leave, laid on the Table the following Papers -
Amendment of Notice fixing electricity charges and specifying methods of supply, dated 9 March 1991,
N.T. Gazette, dated 20 March 1991;
Amendment of Determination of conditions for provision of electricity, water, sewerage and associated
services, N.T. Gazette No. S49, dated 30 September 1992; and
Schedule 2, Supply of electricity to private dwelling installations, N.T. Gazette No. S49, dated 30 September 1992.
7. REVIEW OF HOUSING STRATEGY - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Lands, Housing and Local Government (Mr Hatton) made a statement relating to the Government's Review
of its Housing strategy for the 1990's.
Papers tabled: Mr Hatton laid on the Table the following Papers -
Housing for the 90's: 1993 Review, N.T. Department of Lands, Housing and Local Government;
Housing for the 90's: 1993 Review, N.T. Department of Lands, Housing and Local Government, Booklet;
Brochure, Home North, Easy Start - First mortgage loan scheme;
Brochure, Home North, Sales - Rental dwelling sales scheme;
Brochure, Home North, Early Start - Deposit assistance grant scheme;
Brochure, Home North, Share - Shared equity home ownership scheme; and
Brochure, Home North, Assist - Interest subsidy scheme.
Mr Hatton moved - That the Assembly take note of the Statement.
____________________
Suspension of sitting: The sitting was suspended between 12.03 p.m. and 2.00 p.m.
____________________
Debate resumed.
Question - put and passed.
8. PERSONAL EXPLANATION:
The Member for Millner (Mr Parish), pursuant to Standing Order 57, made a personal explanation relating to comments made by
the Member for Karama (Mr Palmer) during debate on the Ministerial Statement on the Review of Housing Strategy.
9. CORRECTIONAL SERVICES IN THE NORTHERN TERRITORY - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Correctional Services (Mr Poole) made a statement relating to significant developments and achievements in Correctional Services
in the Northern Territory.
Mr Poole moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.
10. NATIONAL TRUST OF AUSTRALIA (NORTHERN TERRITORY), ANNUAL REPORT, 1992-93 - PAPER TABLED - PAPER NOTED:
The Minister for Conservation (Mr Coulter) laid on the Table the National Trust of Australia (Northern Territory) Annual Report for the year 1992-93.
Mr Coulter made a statement relating thereto.
Mr Coulter moved - That the Assembly take note of the Papers.
Debate ensued.
Question - put and passed.
11. RUBY GAP AND N'DHALA GORGE - PLANS OF MANAGEMENT- PAPERS TABLED:
The Minister for Conservation (Mr Coulter) laid on the Table the following Plans of Management -
Ruby Gap Nature Park, Plan of Management, dated October 1993;
Ruby Gap Nature Park, Plan of Management, Review of Public Representations, dated October 1993;
N'Dhala Gorge Nature Park, Plan of Management, dated October 1993; and
N'Dhala Gorge Nature Park, Plan of Management, Review of Public Submissions, dated October 1993.
12. LTYENTYE PURTE AND WATIYAWANU COMMUNITY GOVERNMENT SCHEMES - PAPERS TABLED - PAPERS NOTED:
The Minister for Lands, Housing and Local Government (Mr Hatton) laid on the Table the following Papers -
Ltyentye Purte Community Government Scheme; and
Watiyawanu Community Government Scheme.
Mr Hatton made a statement relating thereto.
Mr Hatton moved - That the Assembly take note of the Papers.
Debate ensued.
Question - put and passed.
13. CRIMINAL CODE AMENDMENT BILL 1994 (Serial 318):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
14. CLASSIFICATION OF PUBLICATIONS AND FILMS AMENDMENT BILL (No. 2) 1993 (Serial 301):
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, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
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In the Committee
(Chairman - Mr McCarthy)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to, after debate -
Omit paragraph (a) and insert in its stead the following:
"(a) by inserting after the definition of Board' the following:
'"bulletin board" means a system of electronically stored information accessible
by computer through the use of the telecommunications network;';
(aa) by inserting after the definition of classified' the following:
'"computer game" means -
(a) a computer program, with or without associated data; or
(b) a computer generated image,
intended for the entertainment of the user, but does not include -
(c) a bulletin board; and
(d) a business, accounting, professional, scientificor educational computer program,
unless it contains a computer game which would, if classified, be classified with
an 'MA(15+)', 'R(18+)' or 'X(18+)' classification, or be refused classification;
'"computer generated image" means electronically recorded data capable, by means of an
electronic device, of being produced on a television screen, liquid crystal display or similar
medium as an image (including an image in the form of text);
'"computer program" means a set of statements or instructions to be used directly or
indirectly in a computer to bring about a certain result;
'"contentious"', in relation to a computer game, means a game play a reasonable adult person
would consider unsuitable for viewing or playing by a person who has not attained the age of 15 years;';
(ab) by inserting, after the definition of 'Court' the following:
'"demonstrate" includes exhibit, display, screen, play or make available for playing;';
(ac) by inserting after the definition of 'determined'; the following:
'"entertainment" includes activity undertaken for the purpose of diversion,
recreation, competition or leisure;';".
On the motion of Mr Manzie the following further amendment was agreed to -
Omit from paragraph (b) "Division 1A of Part III" and insert in its stead "this Act".
On the motion of Mr Manzie the following further amendment was agreed to -
Insert after paragraph (c) the following:
"(d) by inserting after the definition of 'sell' the following:
'"telecommunications network" means a system, or series of systems, for carrying communications
by means of guided or unguided electromagnetic energy or both.'".
Clause 4, as amended, agreed to.
Clause 5 negatived.
On the motion of Mr Manzie the following new clause was inserted in the Bill, after debate -
"5. NEW SECTIONS
"The Principal Act is amended by inserting after section 24, in Division 1, the following:
"'24A. APPLICATION
"'(1) The Censor may, of his own motion or on application by a person, classify a computer game.
"'(2) An application for the classification of a computer game shall be -
(a) in accordance with a form approved by the Censor;
(b) in writing signed by or on behalf of the applicant stating the following particulars:
(i) the title of the game;
(ii) the year of production;
(iii) the publisher;
(iv) the country of origin;
(v) a description of game play;
(c) accompanied by the determined fee;
(d) where a game play is likely to be contentious, accompanied by a video tape
recording of the game play; and
(e) if the Censor so requires, accompanied by a copy of any advertising matter relating
to the computer game.
"'(3) If the applicant is of the opinion that the game would, if classified, be classified with a 'G', 'G(8+)' or 'M(15+)'
classification, the applicant may also submit with the application an assessment of the computer game,
signed by or on behalf of the applicant and prepared by a person authorised by the Censor for the purpose,
including -
(a) a recommended classification of the game;
and
(b) consumer advice appropriate to the game.
"'(4) Where the Censor disagrees with the recommended classification, the Censor shall give
written notice to the applicant -
(a) stating the particulars of the disagreement; and
(b) requesting the applicant to make a written submission to the Censor within 14 days.
"'(5) Where the Censor notifies an applicant under subsection (4), a decision shall not be made
concerning the application until -
(a) a written submission is received from the applicant within 14 days after the notice is
given; or
(b) 14 days have elapsed after the notice has been given.
"'24B. PRODUCTION OF COMPUTER GAME FOR CLASSIFICATION
"'(1) Where the Censor is of the opinion that -
(a) a computer game is likely to contain contentious material; and
(b) the computer game is being or will be published, distributed or sold in the Territory,
the Censor may, by notice in writing given to the publisher or distributor of the computer game, require
the publisher or distributor to submit an application in accordance with section 24A for classification of the game.
"'(2) A person to whom notice under subsection (1) is given shall comply with the notice not later than 3
business days after the notice is given.
Penalty: $2,000.
"'(3) An offence against subsection (2) is a regulatory offence.
"'(4) In this section, "business day" means a day other than a Saturday, Sunday or public holiday.
"'24C. APPROVAL OF COMPUTER GAME CLASSIFICATION BY CENSOR
"'(1) Where the Censor decides that a computer game is not -
(a) an objectional publication; and
(b) unsuitable for viewing or playing by a minor,
the Censor shall approve the classification of the computer game -
(c) as a 'G' computer game, where he is of the opinion that the computer game is suitable for all ages;
(d) as a 'G(8+)' computer game, where he is of the opinion that the computer game cannot be recommended
for viewing or playing by persons who have not attained the age of 8 years; or
(e) as an 'M(15+)' computer game, where he is of the opinion that the computer game cannot be recommended
for viewing or playing by persons who have not attained the age of 15 years.
"'(2) Subject to this section, the Censor shall approve the classification of a computer game as an 'MA (15+)' computer game where
he decides that the computer game depicts, expresses or otherwise deals with sex, violence or coarse language in such a manner
as to make the computer game unsuitable for viewing or playing by persons who have not attained the age of 15 years.
"'(3) The Censor shall refuse to approve the classification of a computer game where he is satisfied that the computer game depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent
phenomena in such a manner that it offends against the standards of morality, decency and propriety generally accepted by
reasonable adult persons to the extent that it should not be classified.
"'(4) The Censor shall refuse to approve the classification of a computer game that -
(a) depicts a child (whether engaged in sexual activity or otherwise) who has not, or who has apparently not attained
the age of 16 years in a manner that is likely to cause offence to a reasonable adult person; or
(b) promotes, incites or instructs in matters of crime or violence.
"'(5) Where a computer game includes a trailer advertising an unclassified computer game, the Censor shall refuse to approve the classification of the computer game.
"'(6) Where a computer game includes a trailer advertising a classified computer game, the Censor shall not approve the classification
of the computer game -
(a) as a 'G' computer game if the advertised computer game is classified as a 'G(8+)', 'M(15+)', 'MA(15+)', 'R(18+)' or 'X(18+)'
computer game;
(b) as a 'G(8+)' computer game if the advertised computer game is classified as an 'M(15+)', 'MA(15+)', 'R(18+)' or 'X(18+)'
computer game;
(c) as an 'M(15+)' computer game if the advertised computer game is classified as an 'MA(15+)', 'R(18+)' or 'X(18+)' computer game; or
(d) as an 'MA(15+)' computer game if the advertised computer game is classified as an 'R(18+)' or 'X(18+)' computer game.
"'(7) Where the Censor approves the classification of a computer game, the Censor shall determine the consumer advice that shall apply to the computer game.
"'24D. DECLARATION OF COMPUTER GAMES TO BE OBJECTIONABLE PUBLICATIONS, &c.
"'(1) The Minister may, by notice in the Gazette -
(a) declare a computer game, or a game of a class of computer games, to be an
objectionable publication; or
(b) if satisfied that a computer game is a game the publishing or advertising of which
should be restricted or subject to conditions, declare the restrictions and/or
conditions to apply to the publishing or advertising of the game.
"'(2) A person who contravenes or fails to comply with a restriction or condition in a notice referred
to in subsection (1)(b) is guilty of an offence.
Penalty: In the case of a body corporate - $25,000.
In the case of an individual -
$5,000 or imprisonment for 6 months.
"'24E. DECLASSIFICATION OF CONTENTIOUS COMPUTER GAMES
"'A computer game that has been classified becomes unclassified if it contains contentious material
(whether available through use of a code or otherwise) that has not been brought to the attention of the
Censor either in the application or accompanying material or in a demonstration of the computer game.'.".
Clause 6 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from proposed subsection (1)(b) "or the Board under Division 1A" and insert in its stead "under this Part".
On the motion of Mr Manzie the following further amendment was agreed to -
Omit from proposed section (3A) "or Board, as the case may be,".
On the motion of Mr Manzie the following further amendment was agreed to -
Omit from proposed subsection (3B) "Division 1A" and insert in its stead "this Part".
On the motion of Mr Manzie the following further amendment was agreed to -
Omit from proposed subsection (3C) "Division 1A" and insert in its stead "this Part".
On the motion of Mr Manzie the following further amendment was agreed to -
Omit from proposed subsection (3C) "that Division" and insert in its stead "this Part".
Clause 6, as amended, agreed to.
On the motion of Mr Manzie the following new clauses, by leave, were taken together and inserted in the Bill, after debate -
"6A. REPEAL AND SUBSTITUTION
"Section 28 of the Principal Act is repealed and the following substituted:
"'28. SCREENING OF FILMS AND DEMONSTRATION OF COMPUTER GAMES
"'(1) For the purposes of this Division, the Censor may require -
(a) a film that is the subject of an application for classification to be screened; or
(b) a computer game that is the subject of an application for classification to be demonstrated.
"'(2) Where the Censor requires a film to be screened or a computer game to be demonstrated, he may require the
applicant to lodge a copy of the film or computer game with the Censor.
"'(3) Where the Censor requires a computer game to be demonstrated, the computer game shall be demonstrated as and when
required by the Censor.
"'(4) The Censor may require the applicant for classification of a computer game to demonstrate the computer game.
"'(5) A demonstration shall be carried out at the risk of the applicant for classification.
"'(6) At a screening or demonstration referred to in subsection (1), the applicant for classification, not more than 4 representatives of
that person and such other persons as are approved by the Censor are entitled to be present.'.
"6B. CRITERIA FOR CLASSIFICATION
"Section 35 of the Principal Act is amended -
(a) by omitting from subsection (2) 'or viewing' and substitute ',
viewing or playing';
(b) by omitting from subsection (3)(a) 'read and view' and substitute
'read, hear and see';
(c) by omitting from subsection (3)(a) 'wish; and' and substituting 'wish;';
(d) by omitting from subsection (3)(b) 'published.' and substituting 'published;
and';
(e) by adding at the end of subsection (3) the following:
'(c) the need to take account of community concerns about
depictions which condone or incite violence, particularly
sexual violence or the portrayal of persons in a demeaning manner.';
(f) by omitting from subsection (4) 'or viewing' and substitute ',
viewing or playing';
(g) by omitting from subsection (4) 'film' and substitute 'film or computer game';
(h) by omitting from subsection (5)(a) 'published; and' and substituting 'published;';
(j) by omitting from subsection (5)(b) 'published.' and substituting published;
and';
(k) by adding at the end of subsection (5) the following:
'(c) the classification guidelines;' and
(m) by adding at the end the following:
'(6) The Minister may, with the agreement of each participating Minister,
determine guidelines by notice published in the Gazette for the
purposes of subsection (5)(c).
'(7) If the classification guidelines are amended, the Minister shall cause
a copy of the guidelines as amended to be published in the Gazette.
'(8) In this section -
"classification guidelines" means the guidelines in effect under subsection (6);
"participating Minister" means the Minister of a State or another Territory of the
Commonwealth who is responsible for censorship matters where the State or
Territory is a participant in a Commonwealth, State and Territory scheme for the
classification of publications, films or computer games but does not include such
a Minister in relation to an action to be taken under a provision of this Act if -
(a) the action relates to a publication, film or computer game; and
(b) the State or Territory does not participate in the scheme in relation to
publications, films or computer games, as the case may be.'.
"6C. NEW SECTION
"The Principal Act is amended by inserting after section 35 the following:
"'35A. CONDITIONS APPLYING TO CLASSIFIED COMPUTER GAMES
"'(1) The following conditions apply in relation to the classification of a computer game that is
classified as an 'MA(15+)' computer game:
(a) the game shall not be sold, let on hire or delivered to a person who has not attained
the age of 15 years (other than by a parent or guardian of that person);
(b) the game shall not be demonstrated or displayed in a public place unless the
container, wrapping and casing in which the computer game is contained bear the
determined markings.
"'(2) A computer game classified as a "G", "G(8+)", "M(15+)" or "MA(15+)" computer game shall not be
demonstrated in a public place unless the advertising matter relating to it bears the determined markings.
"'(3) It is a condition in relation to the classification of a computer game that it shall not be sold, let on hire,
demonstrated for sale or hire in a public place or demonstrated in a public place if, after classification, it
has been edited to include a trailer advertising another computer game, unless -
(a) in the case of a computer game classified as a "G" computer game - the advertised computer
game is classified as a "G" computer game;
(b) in the case of a computer game classified as a "G(8+)" computer game - the advertised
computer game is classified as a "G" or "G(8+)" computer game;
(c) in the case of a computer game classified as an "M(15+)" computer game - the advertised
computer game is classified as a "G", "G(8+)" or "M(15+)" computer game; or
(d) in the case of a computer game classified as an "MA(15+)" computer game - the advertised
computer game is classified as a "G", "G(8+)", "M(15+)" or "MA(15+)" computer game.
"'(4) The Censor shall determine, by notice in the Commonwealth Gazette, markings for the purposes of this
section in relation to different classifications of computer games.
"'(5) In this section, "determined markings", in relation to a computer game, means the markings determined
under subsection (6) in relation to the classification given to the computer game.'.".
Clause 7 agreed to.
Clause 8 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit "Division 1A of Part III" and insert in its stead "this Act".
Clause 8, as amended, agreed to.
Clause 9, negatived.
On the motion of Mr Manzie the following new clauses, by leave, were taken together and added to the Bill, after debate -
"9. NEW SECTION
"The Principal Act is amended by inserting after section 49 the following:
"'49A. HIRING, &c., OF COMPUTER GAMES
"'A person shall not let on hire a computer game to another person, or,
for reward, permit another person to play a computer game, if that other
person is not, because of a condition of the classification approved in
respect of the game, permitted to hire the game.
Penalty: In the case of a body corporate - $25,000.
In the case of an individual - $5,000 or imprisonment for 6 months.'.
"10. OFFENCES RELATING TO VIDEO TAPES
"Section 56 of the Principal Act is amended by omitting subsection (4).
"11. NEW SECTION
"The Principal Act is amended by inserting in Part IV, after section 56, the following:
"'56AA. CERTIFICATE OF CENSOR AS EVIDENCE
"'(1) For the purposes of a prosecution under this Act, a certificate issued by the
Censor stating that a video or computer game with a particular name has not
been classified shall, in the absence of evidence to the contrary, be evidence
that the video or computer game has not been classified.
"'(2) The Censor may issue a certificate under subsection (1) by examining the
names of videos and computer games that have been subject to classification.
"'(3) In issuing a certificate under subsection (1) the Censor shall not be required to
view the video or play the game.
"'(4) The advertising of a video or computer game shall be proof that the video or
game exists so that, for the purpose of a prosecution, it shall not be
necessary to supply the video or the computer game.
"'(5) For the purposes of this section, a certificate shall be taken to be issued by
the Censor if it is signed or purported to be signed by the Censor.'
"12. FURTHER AMENDMENTS
"The Principal Act is further amended as specified in the Schedule.
________________________
"SCHEDULE
Section 12
____________________________________________________________________________
Provision Amendment
____________________________________________________________________________
omit substitute
___________________________________________________
Section 26 'films' 'films and computer games'
(wherever occurring)
Sections 30, 32, 'film' 'film or computer game'
34A, 34C, 34CD, (wherever occurring)
49, 56B and 56C
Sections 48 and '$2,500' '$25,000'
49(1) '$500' '$5,000'
'3 months' '6 months'
Section 49(2) '$5,000' '$25,000'
'$1,000' '$5,000'
Section 49(3) '$5,000' '$10,000'
'$200' '$2,000'
Section 50A 'film' 'film, computer game'
(wherever occurring)
Section 55(1) 'that is' 'or computer game that is'
'the film' 'the film or computer game'
Section 55(2) 'film' 'film or computer game'
Sections 47 and 56 'video tape' 'computer game, video tape'
(wherever occurring)
Section 56(3)(a) 'tape' 'game, tape'
and (b) (wherever occurring)
Section 61A(2) 'film or' 'film, computer game,'
'the film' 'the film, computer game'
______________________________________________________________________________".
Title agreed to.
Bill to be reported with amendments.
____________________
The Acting Speaker (Mr Collins) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
15. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper:
The Enterprise Council - Submission to the Joint Standing Committee on Electoral Matters in relation to the electoral result
for the Federal Division of Dickson, dated December 1993.
Debate continued.
Question - put and passed.
The Assembly adjourned at 11.16 p.m. until tomorrow at 10.00 a.m.
====================
PAPERS:
The following Paper was deemed to have been presented on Wednesday 2 March 1994:
Annual Report:
Conservation Commission of the Northern Territory, 1992-93.
====================
ATTENDANCE:
All Members attended the sitting.
__________________________________________________________________________________
Date : 02/03/1994
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. PETITION:
The Member for Victoria River (Mr Cartwright), by leave, laid on the Table a petition, not conforming with Standing Orders,
from 190 petitioners requesting that the Assembly not proceed with proposed amendments to the Summary Offences Act.
Petition read.
4. NOTICES:
The following notices were given:
Mr Poole: To present the Prisons (Correctional Services) Amendment Bill 1994 (Serial 324).
Mr Coulter: To present the Museums and Art Galleries Amendment Bill 1994 (Serial 321).
Mr Reed: To present the Stock Diseases Amendment Bill 1994 (Serial 320).
Mr Finch: To present the Education Amendment Bill 1994 (Serial 323).
Mr Manzie: To present the Motor Vehicles Amendment Bill 1994 (Serial 319).
Mr Manzie: To present the Sentencing Bill 1994 (Serial 325).
Mr Manzie: To present the Sentencing (Consequential Amendments) Bill 1994 (Serial 326).
5. QUESTIONS:
A question was asked of a Minister.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
Artists Impression - Underwater Observatory.
A further question was asked of a Minister.
Paper tabled: The Minister for Mines and Energy (Mr Stone) laid on the Table the following Paper -
Letter, P.W. Stainton, Manager Exploration, Comalco Aluminium Limited toThe Director General,
Department of Mines and Energy, dated 25 January 1994.
Further questions were asked of Ministers.
Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Paper -
Letter M. Cooper, for Deputy Secretary Works to The Secretary, Work Health Authority, dated 8 July 1992.
Further questions were asked of Ministers.
Paper tabled: The Minister for Health and Community Services (Mr Reed) laid on the Table the following Paper -
Article - "The thoughts of Senator Richardson", Medical Observer, dated 25 June 1993.
6. SUPPLEMENTARY ANSWER - PAWA ELECTRICITY TARIFFS:
The Minister for Transport and Works (Mr Manzie) gave a supplementary answer to a question asked by the Member for
Nhulunbuy (Mr Stirling) during Question Time on Tuesday 1 March 1994.
Papers tabled: Mr Manzie laid on the Table the following Papers -
Graph, PAWA Tariff Analyses, Commercial and Domestic Tariffs, printed 1 March 1994; and
Table, PAWA Tariff Analyses, printed 1 March 1994.
The Member for Nhulunbuy (Mr Stirling), by leave, made a statement relating thereto.
Papers tabled: Mr Stirling, by leave, laid on the Table the following Papers -
Amendment of Notice fixing electricity charges and specifying methods of supply, dated 9 March 1991,
N.T. Gazette, dated 20 March 1991;
Amendment of Determination of conditions for provision of electricity, water, sewerage and associated
services, N.T. Gazette No. S49, dated 30 September 1992; and
Schedule 2, Supply of electricity to private dwelling installations, N.T. Gazette No. S49, dated 30 September 1992.
7. REVIEW OF HOUSING STRATEGY - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Lands, Housing and Local Government (Mr Hatton) made a statement relating to the Government's Review
of its Housing strategy for the 1990's.
Papers tabled: Mr Hatton laid on the Table the following Papers -
Housing for the 90's: 1993 Review, N.T. Department of Lands, Housing and Local Government;
Housing for the 90's: 1993 Review, N.T. Department of Lands, Housing and Local Government, Booklet;
Brochure, Home North, Easy Start - First mortgage loan scheme;
Brochure, Home North, Sales - Rental dwelling sales scheme;
Brochure, Home North, Early Start - Deposit assistance grant scheme;
Brochure, Home North, Share - Shared equity home ownership scheme; and
Brochure, Home North, Assist - Interest subsidy scheme.
Mr Hatton moved - That the Assembly take note of the Statement.
____________________
Suspension of sitting: The sitting was suspended between 12.03 p.m. and 2.00 p.m.
____________________
Debate resumed.
Question - put and passed.
8. PERSONAL EXPLANATION:
The Member for Millner (Mr Parish), pursuant to Standing Order 57, made a personal explanation relating to comments made by
the Member for Karama (Mr Palmer) during debate on the Ministerial Statement on the Review of Housing Strategy.
9. CORRECTIONAL SERVICES IN THE NORTHERN TERRITORY - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Correctional Services (Mr Poole) made a statement relating to significant developments and achievements in Correctional Services
in the Northern Territory.
Mr Poole moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.
10. NATIONAL TRUST OF AUSTRALIA (NORTHERN TERRITORY), ANNUAL REPORT, 1992-93 - PAPER TABLED - PAPER NOTED:
The Minister for Conservation (Mr Coulter) laid on the Table the National Trust of Australia (Northern Territory) Annual Report for the year 1992-93.
Mr Coulter made a statement relating thereto.
Mr Coulter moved - That the Assembly take note of the Papers.
Debate ensued.
Question - put and passed.
11. RUBY GAP AND N'DHALA GORGE - PLANS OF MANAGEMENT- PAPERS TABLED:
The Minister for Conservation (Mr Coulter) laid on the Table the following Plans of Management -
Ruby Gap Nature Park, Plan of Management, dated October 1993;
Ruby Gap Nature Park, Plan of Management, Review of Public Representations, dated October 1993;
N'Dhala Gorge Nature Park, Plan of Management, dated October 1993; and
N'Dhala Gorge Nature Park, Plan of Management, Review of Public Submissions, dated October 1993.
12. LTYENTYE PURTE AND WATIYAWANU COMMUNITY GOVERNMENT SCHEMES - PAPERS TABLED - PAPERS NOTED:
The Minister for Lands, Housing and Local Government (Mr Hatton) laid on the Table the following Papers -
Ltyentye Purte Community Government Scheme; and
Watiyawanu Community Government Scheme.
Mr Hatton made a statement relating thereto.
Mr Hatton moved - That the Assembly take note of the Papers.
Debate ensued.
Question - put and passed.
13. CRIMINAL CODE AMENDMENT BILL 1994 (Serial 318):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
14. CLASSIFICATION OF PUBLICATIONS AND FILMS AMENDMENT BILL (No. 2) 1993 (Serial 301):
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, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Chairman - Mr McCarthy)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to, after debate -
Omit paragraph (a) and insert in its stead the following:
"(a) by inserting after the definition of Board' the following:
'"bulletin board" means a system of electronically stored information accessible
by computer through the use of the telecommunications network;';
(aa) by inserting after the definition of classified' the following:
'"computer game" means -
(a) a computer program, with or without associated data; or
(b) a computer generated image,
intended for the entertainment of the user, but does not include -
(c) a bulletin board; and
(d) a business, accounting, professional, scientificor educational computer program,
unless it contains a computer game which would, if classified, be classified with
an 'MA(15+)', 'R(18+)' or 'X(18+)' classification, or be refused classification;
'"computer generated image" means electronically recorded data capable, by means of an
electronic device, of being produced on a television screen, liquid crystal display or similar
medium as an image (including an image in the form of text);
'"computer program" means a set of statements or instructions to be used directly or
indirectly in a computer to bring about a certain result;
'"contentious"', in relation to a computer game, means a game play a reasonable adult person
would consider unsuitable for viewing or playing by a person who has not attained the age of 15 years;';
(ab) by inserting, after the definition of 'Court' the following:
'"demonstrate" includes exhibit, display, screen, play or make available for playing;';
(ac) by inserting after the definition of 'determined'; the following:
'"entertainment" includes activity undertaken for the purpose of diversion,
recreation, competition or leisure;';".
On the motion of Mr Manzie the following further amendment was agreed to -
Omit from paragraph (b) "Division 1A of Part III" and insert in its stead "this Act".
On the motion of Mr Manzie the following further amendment was agreed to -
Insert after paragraph (c) the following:
"(d) by inserting after the definition of 'sell' the following:
'"telecommunications network" means a system, or series of systems, for carrying communications
by means of guided or unguided electromagnetic energy or both.'".
Clause 4, as amended, agreed to.
Clause 5 negatived.
On the motion of Mr Manzie the following new clause was inserted in the Bill, after debate -
"5. NEW SECTIONS
"The Principal Act is amended by inserting after section 24, in Division 1, the following:
"'24A. APPLICATION
"'(1) The Censor may, of his own motion or on application by a person, classify a computer game.
"'(2) An application for the classification of a computer game shall be -
(a) in accordance with a form approved by the Censor;
(b) in writing signed by or on behalf of the applicant stating the following particulars:
(i) the title of the game;
(ii) the year of production;
(iii) the publisher;
(iv) the country of origin;
(v) a description of game play;
(c) accompanied by the determined fee;
(d) where a game play is likely to be contentious, accompanied by a video tape
recording of the game play; and
(e) if the Censor so requires, accompanied by a copy of any advertising matter relating
to the computer game.
"'(3) If the applicant is of the opinion that the game would, if classified, be classified with a 'G', 'G(8+)' or 'M(15+)'
classification, the applicant may also submit with the application an assessment of the computer game,
signed by or on behalf of the applicant and prepared by a person authorised by the Censor for the purpose,
including -
(a) a recommended classification of the game;
and
(b) consumer advice appropriate to the game.
"'(4) Where the Censor disagrees with the recommended classification, the Censor shall give
written notice to the applicant -
(a) stating the particulars of the disagreement; and
(b) requesting the applicant to make a written submission to the Censor within 14 days.
"'(5) Where the Censor notifies an applicant under subsection (4), a decision shall not be made
concerning the application until -
(a) a written submission is received from the applicant within 14 days after the notice is
given; or
(b) 14 days have elapsed after the notice has been given.
"'24B. PRODUCTION OF COMPUTER GAME FOR CLASSIFICATION
"'(1) Where the Censor is of the opinion that -
(a) a computer game is likely to contain contentious material; and
(b) the computer game is being or will be published, distributed or sold in the Territory,
the Censor may, by notice in writing given to the publisher or distributor of the computer game, require
the publisher or distributor to submit an application in accordance with section 24A for classification of the game.
"'(2) A person to whom notice under subsection (1) is given shall comply with the notice not later than 3
business days after the notice is given.
Penalty: $2,000.
"'(3) An offence against subsection (2) is a regulatory offence.
"'(4) In this section, "business day" means a day other than a Saturday, Sunday or public holiday.
"'24C. APPROVAL OF COMPUTER GAME CLASSIFICATION BY CENSOR
"'(1) Where the Censor decides that a computer game is not -
(a) an objectional publication; and
(b) unsuitable for viewing or playing by a minor,
the Censor shall approve the classification of the computer game -
(c) as a 'G' computer game, where he is of the opinion that the computer game is suitable for all ages;
(d) as a 'G(8+)' computer game, where he is of the opinion that the computer game cannot be recommended
for viewing or playing by persons who have not attained the age of 8 years; or
(e) as an 'M(15+)' computer game, where he is of the opinion that the computer game cannot be recommended
for viewing or playing by persons who have not attained the age of 15 years.
"'(2) Subject to this section, the Censor shall approve the classification of a computer game as an 'MA (15+)' computer game where
he decides that the computer game depicts, expresses or otherwise deals with sex, violence or coarse language in such a manner
as to make the computer game unsuitable for viewing or playing by persons who have not attained the age of 15 years.
"'(3) The Censor shall refuse to approve the classification of a computer game where he is satisfied that the computer game depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent
phenomena in such a manner that it offends against the standards of morality, decency and propriety generally accepted by
reasonable adult persons to the extent that it should not be classified.
"'(4) The Censor shall refuse to approve the classification of a computer game that -
(a) depicts a child (whether engaged in sexual activity or otherwise) who has not, or who has apparently not attained
the age of 16 years in a manner that is likely to cause offence to a reasonable adult person; or
(b) promotes, incites or instructs in matters of crime or violence.
"'(5) Where a computer game includes a trailer advertising an unclassified computer game, the Censor shall refuse to approve the classification of the computer game.
"'(6) Where a computer game includes a trailer advertising a classified computer game, the Censor shall not approve the classification
of the computer game -
(a) as a 'G' computer game if the advertised computer game is classified as a 'G(8+)', 'M(15+)', 'MA(15+)', 'R(18+)' or 'X(18+)'
computer game;
(b) as a 'G(8+)' computer game if the advertised computer game is classified as an 'M(15+)', 'MA(15+)', 'R(18+)' or 'X(18+)'
computer game;
(c) as an 'M(15+)' computer game if the advertised computer game is classified as an 'MA(15+)', 'R(18+)' or 'X(18+)' computer game; or
(d) as an 'MA(15+)' computer game if the advertised computer game is classified as an 'R(18+)' or 'X(18+)' computer game.
"'(7) Where the Censor approves the classification of a computer game, the Censor shall determine the consumer advice that shall apply to the computer game.
"'24D. DECLARATION OF COMPUTER GAMES TO BE OBJECTIONABLE PUBLICATIONS, &c.
"'(1) The Minister may, by notice in the Gazette -
(a) declare a computer game, or a game of a class of computer games, to be an
objectionable publication; or
(b) if satisfied that a computer game is a game the publishing or advertising of which
should be restricted or subject to conditions, declare the restrictions and/or
conditions to apply to the publishing or advertising of the game.
"'(2) A person who contravenes or fails to comply with a restriction or condition in a notice referred
to in subsection (1)(b) is guilty of an offence.
Penalty: In the case of a body corporate - $25,000.
In the case of an individual -
$5,000 or imprisonment for 6 months.
"'24E. DECLASSIFICATION OF CONTENTIOUS COMPUTER GAMES
"'A computer game that has been classified becomes unclassified if it contains contentious material
(whether available through use of a code or otherwise) that has not been brought to the attention of the
Censor either in the application or accompanying material or in a demonstration of the computer game.'.".
Clause 6 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from proposed subsection (1)(b) "or the Board under Division 1A" and insert in its stead "under this Part".
On the motion of Mr Manzie the following further amendment was agreed to -
Omit from proposed section (3A) "or Board, as the case may be,".
On the motion of Mr Manzie the following further amendment was agreed to -
Omit from proposed subsection (3B) "Division 1A" and insert in its stead "this Part".
On the motion of Mr Manzie the following further amendment was agreed to -
Omit from proposed subsection (3C) "Division 1A" and insert in its stead "this Part".
On the motion of Mr Manzie the following further amendment was agreed to -
Omit from proposed subsection (3C) "that Division" and insert in its stead "this Part".
Clause 6, as amended, agreed to.
On the motion of Mr Manzie the following new clauses, by leave, were taken together and inserted in the Bill, after debate -
"6A. REPEAL AND SUBSTITUTION
"Section 28 of the Principal Act is repealed and the following substituted:
"'28. SCREENING OF FILMS AND DEMONSTRATION OF COMPUTER GAMES
"'(1) For the purposes of this Division, the Censor may require -
(a) a film that is the subject of an application for classification to be screened; or
(b) a computer game that is the subject of an application for classification to be demonstrated.
"'(2) Where the Censor requires a film to be screened or a computer game to be demonstrated, he may require the
applicant to lodge a copy of the film or computer game with the Censor.
"'(3) Where the Censor requires a computer game to be demonstrated, the computer game shall be demonstrated as and when
required by the Censor.
"'(4) The Censor may require the applicant for classification of a computer game to demonstrate the computer game.
"'(5) A demonstration shall be carried out at the risk of the applicant for classification.
"'(6) At a screening or demonstration referred to in subsection (1), the applicant for classification, not more than 4 representatives of
that person and such other persons as are approved by the Censor are entitled to be present.'.
"6B. CRITERIA FOR CLASSIFICATION
"Section 35 of the Principal Act is amended -
(a) by omitting from subsection (2) 'or viewing' and substitute ',
viewing or playing';
(b) by omitting from subsection (3)(a) 'read and view' and substitute
'read, hear and see';
(c) by omitting from subsection (3)(a) 'wish; and' and substituting 'wish;';
(d) by omitting from subsection (3)(b) 'published.' and substituting 'published;
and';
(e) by adding at the end of subsection (3) the following:
'(c) the need to take account of community concerns about
depictions which condone or incite violence, particularly
sexual violence or the portrayal of persons in a demeaning manner.';
(f) by omitting from subsection (4) 'or viewing' and substitute ',
viewing or playing';
(g) by omitting from subsection (4) 'film' and substitute 'film or computer game';
(h) by omitting from subsection (5)(a) 'published; and' and substituting 'published;';
(j) by omitting from subsection (5)(b) 'published.' and substituting published;
and';
(k) by adding at the end of subsection (5) the following:
'(c) the classification guidelines;' and
(m) by adding at the end the following:
'(6) The Minister may, with the agreement of each participating Minister,
determine guidelines by notice published in the Gazette for the
purposes of subsection (5)(c).
'(7) If the classification guidelines are amended, the Minister shall cause
a copy of the guidelines as amended to be published in the Gazette.
'(8) In this section -
"classification guidelines" means the guidelines in effect under subsection (6);
"participating Minister" means the Minister of a State or another Territory of the
Commonwealth who is responsible for censorship matters where the State or
Territory is a participant in a Commonwealth, State and Territory scheme for the
classification of publications, films or computer games but does not include such
a Minister in relation to an action to be taken under a provision of this Act if -
(a) the action relates to a publication, film or computer game; and
(b) the State or Territory does not participate in the scheme in relation to
publications, films or computer games, as the case may be.'.
"6C. NEW SECTION
"The Principal Act is amended by inserting after section 35 the following:
"'35A. CONDITIONS APPLYING TO CLASSIFIED COMPUTER GAMES
"'(1) The following conditions apply in relation to the classification of a computer game that is
classified as an 'MA(15+)' computer game:
(a) the game shall not be sold, let on hire or delivered to a person who has not attained
the age of 15 years (other than by a parent or guardian of that person);
(b) the game shall not be demonstrated or displayed in a public place unless the
container, wrapping and casing in which the computer game is contained bear the
determined markings.
"'(2) A computer game classified as a "G", "G(8+)", "M(15+)" or "MA(15+)" computer game shall not be
demonstrated in a public place unless the advertising matter relating to it bears the determined markings.
"'(3) It is a condition in relation to the classification of a computer game that it shall not be sold, let on hire,
demonstrated for sale or hire in a public place or demonstrated in a public place if, after classification, it
has been edited to include a trailer advertising another computer game, unless -
(a) in the case of a computer game classified as a "G" computer game - the advertised computer
game is classified as a "G" computer game;
(b) in the case of a computer game classified as a "G(8+)" computer game - the advertised
computer game is classified as a "G" or "G(8+)" computer game;
(c) in the case of a computer game classified as an "M(15+)" computer game - the advertised
computer game is classified as a "G", "G(8+)" or "M(15+)" computer game; or
(d) in the case of a computer game classified as an "MA(15+)" computer game - the advertised
computer game is classified as a "G", "G(8+)", "M(15+)" or "MA(15+)" computer game.
"'(4) The Censor shall determine, by notice in the Commonwealth Gazette, markings for the purposes of this
section in relation to different classifications of computer games.
"'(5) In this section, "determined markings", in relation to a computer game, means the markings determined
under subsection (6) in relation to the classification given to the computer game.'.".
Clause 7 agreed to.
Clause 8 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit "Division 1A of Part III" and insert in its stead "this Act".
Clause 8, as amended, agreed to.
Clause 9, negatived.
On the motion of Mr Manzie the following new clauses, by leave, were taken together and added to the Bill, after debate -
"9. NEW SECTION
"The Principal Act is amended by inserting after section 49 the following:
"'49A. HIRING, &c., OF COMPUTER GAMES
"'A person shall not let on hire a computer game to another person, or,
for reward, permit another person to play a computer game, if that other
person is not, because of a condition of the classification approved in
respect of the game, permitted to hire the game.
Penalty: In the case of a body corporate - $25,000.
In the case of an individual - $5,000 or imprisonment for 6 months.'.
"10. OFFENCES RELATING TO VIDEO TAPES
"Section 56 of the Principal Act is amended by omitting subsection (4).
"11. NEW SECTION
"The Principal Act is amended by inserting in Part IV, after section 56, the following:
"'56AA. CERTIFICATE OF CENSOR AS EVIDENCE
"'(1) For the purposes of a prosecution under this Act, a certificate issued by the
Censor stating that a video or computer game with a particular name has not
been classified shall, in the absence of evidence to the contrary, be evidence
that the video or computer game has not been classified.
"'(2) The Censor may issue a certificate under subsection (1) by examining the
names of videos and computer games that have been subject to classification.
"'(3) In issuing a certificate under subsection (1) the Censor shall not be required to
view the video or play the game.
"'(4) The advertising of a video or computer game shall be proof that the video or
game exists so that, for the purpose of a prosecution, it shall not be
necessary to supply the video or the computer game.
"'(5) For the purposes of this section, a certificate shall be taken to be issued by
the Censor if it is signed or purported to be signed by the Censor.'
"12. FURTHER AMENDMENTS
"The Principal Act is further amended as specified in the Schedule.
________________________
"SCHEDULE
Section 12
____________________________________________________________________________
Provision Amendment
____________________________________________________________________________
omit substitute
___________________________________________________
Section 26 'films' 'films and computer games'
(wherever occurring)
Sections 30, 32, 'film' 'film or computer game'
34A, 34C, 34CD, (wherever occurring)
49, 56B and 56C
Sections 48 and '$2,500' '$25,000'
49(1) '$500' '$5,000'
'3 months' '6 months'
Section 49(2) '$5,000' '$25,000'
'$1,000' '$5,000'
Section 49(3) '$5,000' '$10,000'
'$200' '$2,000'
Section 50A 'film' 'film, computer game'
(wherever occurring)
Section 55(1) 'that is' 'or computer game that is'
'the film' 'the film or computer game'
Section 55(2) 'film' 'film or computer game'
Sections 47 and 56 'video tape' 'computer game, video tape'
(wherever occurring)
Section 56(3)(a) 'tape' 'game, tape'
and (b) (wherever occurring)
Section 61A(2) 'film or' 'film, computer game,'
'the film' 'the film, computer game'
______________________________________________________________________________".
Title agreed to.
Bill to be reported with amendments.
____________________
The Acting Speaker (Mr Collins) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
15. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper:
The Enterprise Council - Submission to the Joint Standing Committee on Electoral Matters in relation to the electoral result
for the Federal Division of Dickson, dated December 1993.
Debate continued.
Question - put and passed.
The Assembly adjourned at 11.16 p.m. until tomorrow at 10.00 a.m.
====================
PAPERS:
The following Paper was deemed to have been presented on Wednesday 2 March 1994:
Annual Report:
Conservation Commission of the Northern Territory, 1992-93.
====================
ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016