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Minutes of Proceedings - 1997-12-03

Eighth Assembly First Session 01/12/1997 Parliamentary Record No. 2
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Date : 03/12/1997
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1. MEETING:
    The Assembly met at 10:00 h pursuant to adjournment. The Speaker, the Honourable L M Braham, took the Chair.

2. PRAYERS.

3. NOTICES:
The following notices were given:
    Mr Bailey: To present the Criminal Code (Euthanasia) Amendment Bill 1997 (Serial 11).
    Mr Burke: To present the Health and Community Services Complaints Bill 1997 (Serial 38).
    Mr Palmer: To present the Heritage Conservation Amendment Bill 1997 (Serial 40).

4. ADDRESS-IN-REPLY - PRESENTATION:
    The Speaker informed the Assembly that she intended to present the Address-in-Reply to His Honour the Administrator at 14:30 h today, and invited Honourable Members to accompany her to Government House at that time.
5. QUESTIONS:
    10:02 Ms Martin to Mr Reed.
    10:03 Mr Elferink to Mr Stone.
    10:09 Mr Bailey to Mr Reed.
    Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
Draft Legislation dated 12 November 1997 - to amend the Ayers Rock Resort Corporation Act, prepared by the Office of the Parliamentary Counsel (Paper 151).

    And the Deputy Leader of the Opposition (Mr Bailey) moving a motion expressing a censure of a Minister, the Leader of Government Business (Mr Coulter) asked that further questions be placed on the question paper.

6. PROPOSED CENSURE OF THE DEPUTY CHIEF MINISTER - MOTION AS AMENDED, AGREED TO:
    At 10:17 h. the Deputy Leader of the Opposition (Mr Bailey) moved - That so much of Standing Orders be suspended as would prevent him moving a motion censuring the Deputy Chief Minister (Mr Reed) for lying to the people of Yulara and Parap, and lying about the purchase of X-rated pornographic material (Paper 150).

    The Leader of Government Business (Mr Coulter), informed the Assembly that the Government, pursuant to Standing Order 95, accepted the motion as a censure motion.

    Question - That the motion to suspend Standing Orders be agreed to - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.

    Mr Bailey thereupon moved - That this Assembly censures the Deputy Chief Minister for -
      (1) lying to the people of Yulara and misleading this Assembly over the role of the Member for Macdonnell in supposedly protecting the interests of the people of Yulara in relation to the destruction of their Council;

      (2) lying to the people of Parap about his commitment to act on their behalf over an inappropriate and unwanted property development; and

      (3) lying to Territorians and misleading this Assembly over his purchase of illegal
        X-rated homosexual pornography.
    Debate ensued.
    The Chief Minister (Mr Stone) moved the following amendment - Omit all words after “That this Assembly censures” and insert in their stead the following -

    the Leader of the Opposition:
      (1) for presiding over a party which repeatedly attempted to mislead Territorians during the recent election campaign about vital issues such as the economy, jobs and the justice system;

      (2) misusing taxpayer-funded Government services and equipment before, during and after the election campaign for her party political purposes;

      (3) for attempting to divert the Territory Parliament from proper reflection on the vital native title legislation now being finalised in the Senate by continually throwing up a video smokescreen which she rates more important than the property rights of her fellow citizens; and
(4) for failing to maintain the standards of her own proposed Code of Conduct. (Paper 152)

    The Chief Minister (Mr Stone) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon L M Braham, in the Chair) -

AYES, 16 NOES, 7

Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone

And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put
The Assembly divided (the Speaker, Hon L M Braham, in the Chair) -

AYES, 16 NOES, 7

Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone

And so it was resolved in the affirmative.
Question - That the motion, as amended, be agreed to - put.
The Assembly divided (the Speaker, Hon L M Braham, in the Chair) -

AYES, 16 NOES, 7

Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone

And so it was resolved in the affirmative.
Motion, as amended, agreed to.

7. REMUNERATION TRIBUNAL REPORT NO. 1 OF 1997 - MINISTERS AND MEMBERS OF THE NORTHERN TERRITORY LEGISLATIVE ASSEMBLY - PAPER TABLED - PAPER PRINTED - MOTION TO DISAPPROVE PARTS OF REPORT, AGREED TO:
    The Chief Minister (Mr Stone) laid on the Table the Remuneration Tribunal Report and Determination No. 1 of 1997 for Ministers and Members of the Northern Territory Legislative Assembly (Paper 208).
    Mr Stone moved - That the report be printed.
    Question - put and passed.
    Mr Stone, by leave, moved - That this Assembly disapproves parts of the Remuneration Tribunal Determination No. 1 of 1997, as follows:
      Omit from Section F, Clauses 14.1 to 14.3 inclusive, relating to Severance Entitlement; and
      Omit the words “within the Northern Territory” from Clause 8.1.
    Question - put and passed.
8. STANDING ORDERS COMMITTEE - FIRST REPORT - MATTERS RELATING TO DISORDER - PAPER TABLED - PAPER PRINTED:
    The Speaker laid on the Table the First Report of the Standing Orders Committee, Matters relating to Disorder, dated November 1997 (Paper 153).
    The Leader of Government Business (Mr Coulter) moved - That the Report be printed.
    Question - put and passed.
9. LEAVE OF ABSENCE:
    The Leader of Government Business (Mr Coulter) moved - That leave of absence be granted to the Member for Nightcliff (Mr Hatton) this day on account of personal business.
    Question - put and passed.
10. FURTHER NOTICE:
    The following further notice was given, by leave -
    Mr Burke: To present the Mental Health and Related Services Bill 1997 (Serial 39).
11. GREENHOUSE EFFECT - MINISTERIAL STATEMENT - STATEMENT NOTED:
    The Chief Minister (Mr Stone) made a Statement on the status of the current international climate change negotiations and what the proposals could mean for the Northern Territory, in terms of job losses and reduction in export earnings (Paper 154).
    Mr Stone moved - That the Assembly take note of the Statement.
    Debate ensued.
____________________
    Suspension of sitting: The sitting was suspended between 12:25 h and 15:30 h.
____________________
    Address-In-Reply - Presentation to the Administrator: The Speaker informed the Assembly that, accompanied by Honourable Members, she had this day waited upon His Honour the Administrator and presented to him the Address-in Reply to the Speech His Honour delivered on the occasion of the Opening of the Eighth Assembly, which was agreed to on Tuesday 2 December 1997; and that His Honour had been pleased to make the following reply:
      Madam Speaker, thank you for your Address-in-Reply which you have presented to me.

      It will afford me pleasure to convey to Her Most Gracious Majesty the Queen of Australia the message of loyalty of the Legislative Assembly of the Northern Territory of Australia to which the Address gives expression.
______________________________
    Debate resumed on Mr Stone’s statement on international climate change negotiations.
    Question put and passed.
12. TERRITORY PARKS MASTER PLAN - PAPER TABLED - MINISTERIAL STATEMENT - STATEMENT NOTED:
    The Minister for Parks and Wildlife (Mr Baldwin) laid on the Table the Northern Territory Parks Masterplan, “Towards a Secure Future”. (Paper 155)
    Mr Baldwin made a statement thereto. (Paper 209)
    Paper tabled: Mr Baldwin laid on the Table the following paper -
Parks and Wildlife Commission of the Northern Territory Corporate Plan 1997-98 to 1999-2000 (Paper 156).
    Mr Baldwin moved - That the Assembly take note of the Statement.
    Debate ensued.
    Question - put and passed.

13. MATTER OF PUBLIC IMPORTANCE - PRODUCTIVITY IN THE MANGO INDUSTRY:
    The Member for Stuart (Mr Toyne) proposed as a definite matter of public importance the concern in the Northern Territory that current productivity levels are too low to provide viability to many producers and that urgent action is needed on behalf of government to establish a program of collaborative research on this issue.
    Discussion ensued.
    Discussion concluded.
14. TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT BILL 1997 (Serial 34):
    The Minister for Parks and Wildlife (Mr Baldwin), pursuant to notice, presented a Bill for an Act to amend the Territory Parks and Wildlife Conservation Act.
    Mr Baldwin moved - That the Bill be now read a second time.
    On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
15. MAGISTRATES AMENDMENT BILL 1997 (Serial 31):
    The Chief Minister (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Magistrates Act.
    Mr Stone moved - That the Bill be now read a second time.
    On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

16. CORONERS AMENDMENT BILL 1997 (Serial 32):
    The Chief Minister (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Coroners Act.
    Mr Stone moved - That the Bill be now read a second time.
    On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

17. PASTORAL LAND AMENDMENT BILL 1997 (Serial 37):
    The Minister for Primary Industry and Fisheries (Mr Palmer), pursuant to notice, presented a Bill for an Act to amend the Pastoral Land Act.
    Mr Palmer moved - That the Bill be now read a second time.
    On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

18. ADVANCE BANK INTEGRATION BILL 1997 (Serial 33):
    The Treasurer (Mr Reed), pursuant to notice, presented a Bill for an Act to provide for the merger of the Advance Bank of Australia Limited with St George Bank Limited and for related purposes.
    Mr Reed moved - That the Bill be now read a second time.
    On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.

19. STAMP DUTY AMENDMENT BILL 1997 (Serial 35); and TAXATION (ADMINISTRATION) AMENDMENT BILL 1997 (Serial 36):
    Suspension of Standing Orders - Take two Bills together: The Treasurer (Mr Reed) moved - That so much of Standing Orders be suspended as would prevent two Bills, namely the Stamp Duty Amendment Bill 1997 (Serial 35) and the Taxation (Administration) Amendment Bill 1997 (Serial 36) -

    (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 Reed, pursuant to notice, presented a Bill for an Act to amend the Stamp Duty Act; and a Bill for an Act to amend the Taxation (Administration) Act.
    Mr Reed moved - That the Bills be now read a second time.
    On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.

20. ADJOURNMENT:
    The Treasurer (Mr Reed) moved:- That the Assembly do now adjourn.
    Debate ensued.
    Papers tabled: Mr Reed, by leave, subject to the following terms and conditions set out below for their custody and inspection, and in conjunction with Standing Order 254, laid on the Table the following Papers -
X rated video - 18+ Restricted to adults 18 years and over;
Category 1 Restricted Publication to be sold only to persons aged 18 and over; and
unclassified video.
      Terms and Conditions for Access to Classified Documents and Video Materials

      Pursuant to Standing Order 254 and the order of the Assembly relating to the tabling, custody and access to the above items, inspection of the materials is subject to the following conditions:

      The video and publication material is:
placed in individual sealed opaque packages clearly labelled with the markings required under the Act (the unclassified video should be marked “some material displayed on this videotape may cause offence”);
tabled on the basis that the material will be placed in a locked container, the inside of which cannot be seen from the outside, and that it can only be examined or made available to members of the Legislative Assembly upon their request. Under no circumstances can the material be made available to persons under the age of 18 or any other members of the public;
by consent taken into custody by the Clerk of the Legislative Assembly;
under no circumstances removed from its packaging or displayed in any way in the chamber. Any Members who access the items must take them away contained in the packaging and view them in private; and
persons not in the House at the time of Tabling will need to seek approval of the Clerk to view the items or gain access to them.
    Debate continued.
    And the Assembly adjourned at 20:42 h until 10:00 h Thursday 4 December 1997.
==============================

    PAPERS:
    The following papers were deemed to have been presented on Wednesday 3 December 1997:

    Annual Reports:
    Aboriginal Areas Protection Authority, 1996/97 (Paper 169)
    Alice Springs Hospital Management Board, 1996/97 (Paper 165)
    Commissioner of Consumer Affairs, 1994/95, Consumer Affairs and Fair Trading Act (Paper 191)
    Commissioner of Consumer Affairs, 1995/96, Consumer Affairs and Fair Trading Act (Paper 207)
    Darwin Port Authority, 1996/97 (Paper 197)
    Department of Asian Relations, Trade and Industry, 1996/97 (Paper 158)
    Department of Lands, Planning and Environment, 1996/97 (Paper 175)
    Department of Primary Industry and Fisheries, 1996/97 (Paper 161)
    Department of Sport and Recreation, 1996/97 (Paper 193)
    Department of the Chief Minister, 1996/97 (Paper 160)
    Department of Transport and Works, 1996/97 (Paper 196)
    Director of Public Prosecutions, 1996/97 (Paper 170)
    Gove District Hospital Management Board, 1996/97 (Paper 166)
    Gurig National Park, Coburg Peninsula Sanctuary and Marine Park Board, 1996/97 (Paper 181)
    Heritage Advisory Council, 1996/97 (Paper 182)
    Katherine Hospital Management Board, 1996/97 (Paper 163)
    Menzies School of Health Research, 1996/97 (Paper 184)
    Museums and Art Galleries of the Northern Territory, 1996/97 (Paper 167)
    National Trust of Australia (Northern Territory), 1996/97 (Paper 183)
    Northern Territory Anti-Discrimination Commission, 1996/97 (Paper 179)
    Northern Territory Attorney-General’s Department, 1996/97 (Paper 168)
    Northern Territory Auditor-Generals Office, Financial Statements for Year Ended 30 June 1997 (Paper 201)
    Northern Territory Department of Education, 1 January - 31 December 1996 (Paper 192)
    Northern Territory Government and Public Authorities Superannuation Scheme, 1996/97 (Paper 190)
    Northern Territory Government Conditions of Service Trust, 1996/97 (Paper 188)
    Northern Territory Grants Commission, 1996/97 (Paper 194)
    Northern Territory Housing Commission, 1996/97 (Paper 195)
    Northern Territory Legal Aid Commission, 1996/97 (Paper 176)
    Northern Territory Police, Fire and Emergency Services, 1996/97 (Paper 157)
    Northern Territory Tourist Commission, 1996/97 (Paper 186)
    Northern Territory Treasury Corporation, 1996/97 (Paper 189)
    Northern Territory Treasury, 1996/97 (Paper 185)
    Northern Territory University, 1996 (Paper 159)
    Office of Ethnic Affairs, 1996/97 (Paper 177)
    Office of the Commissioner for Public Employment, 1996/97 (Paper 187)
    Registrar of Financial Institutions, 1996/97 (Paper 171)
    Royal Darwin Hospital Management Board, 1996/97 (Paper 162)
    Tennant Creek Hospital Management Board, 1996/97 (Paper 164)
    Territory Health Services, 1996/97 (Paper 178)
    Territory Insurance Office, 1996/97 (Paper 180)
    The Office of Courts Administration, 1996/97 (Paper 173)
    Trade Development Zone Authority, 1996/97 (Paper 172)
    Work Health Authority and Work Health Advisory Council, 1996/97 (Paper 174)

    Audit Act 1995
    Strategic Review of the Northern Territory Auditor-General’s Office, Peter Hade CPA, Assistant Auditor-General of the Australian Capital Territory, 3 October 1997 (Paper 222)

    Coroners Act:
    Office of the Coroner, Report to the Attorney-General, RE: Inquest into the death of Sandra Wingrove, pursuant to Section 27 of the Coroners Act, dated 17 October 1997 (Paper 198)
    Office of the Coroner, Report to the Attorney-General, RE: Inquest into the death of Columkille Kantilla, pursuant to Section 27 of the Coroners Act, dated 13 October 1997 (Paper 199)

    Menzies School of Health Research Act:
    Auditor-General’s Report to the Minister for Health Services, Menzies School of Health Research, dated 27 August 1997 (Paper 200)

    Regulations 1997:
    No 32, Amendments of Housing Assistance Schemes Regulations (Paper 203)
    No 33, Meat Industries Regulations (Paper 204)
    No 34, Amendment of Stock Diseases Regulations (Paper 205)
    No 35, Amendment of Justices (Territory Infringement Notices Enforcement Scheme) Regulations (Paper 206)
    Report:
    Remuneration Tribunal Determination, Report and Recommendation No. 1 of 1997, Magistrates of the Northern Territory (Paper 202)
    ==============================
    ATTENDANCE:
    All members attended the sitting except the Member for Nightcliff (Mr Hatton), on leave.
Last updated: 04 Aug 2016
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