Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1991-05-02

Sixth Assembly First Session 30/04/1991 Parliamentary Record No. 3
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Date : 02/05/1991
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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. QUESTIONS:
Questions were asked of Ministers.
Privilege - Channel 8 News Broadcast, 1 May 1991 - Request for Referral to Committee of Privileges - Matter referred:
The Chief Minister (Mr Perron), by leave, raised as a matter of privilege the fact that on NTD Channel 8 6.30 p.m. News
of Wednesday 1 May 1991, Mr A. Bruyn presented a news segment containing certain matters purportedly from the Mulholland Advice prior to the tabling of the edited version in the Legislative Assembly on that day.
Mr Perron informed the Assembly that in his opinion this News broadcast by Mr Bruyn contravened the Resolution of
the Assembly dated 30 April 1991 which restricted publication of the unedited copy of the Mulholland Advice to all Members of the Assembly; submitted that the broadcast so made constituted a contempt of Parliament; and requested that the Speaker refer the matter to the Committee of Privileges.
The Speaker (Mr Dondas), pursuant to Standing Order 84, thereupon agreed to refer the matter to the Committee of Privileges.
Further questions were asked of Ministers.
A supplementary answer was given by the Chief Minister (Mr Perron) to a question asked by the Member for Nelson
(Mrs Padgham-Purich) on Tuesday 30 April 1991.

4. NOTICES:
The following notices, by leave, were given:
Mr Ede: To present the Police Administration (Tape Recording of Interviews) Amendment Bill 1991 (Serial 67).
Mr Coulter: To present the Territory Loans Management Corporation Amendment Bill 1991 (Serial 54).
Mr Coulter: To present the Petroleum (Submerged Lands) Amendment Bill 1991 (Serial 49).
Mr Vale: To present the Darwin Rates Amendment Bill 1991 (Serial 43).

5. PERSONAL EXPLANATION:
The Member for Macdonnell (Mr Bell), by leave, made a personal explanation relating to the Tabling of a letter to the Minister for Education (Mr Stone) during the Censure motion debate yesterday.

6. LEAVE OF ABSENCE:
The Member for Macdonnell (Mr Bell) moved - That leave of absence be granted to the Member for Arnhem (Mr Lanhupuy) this day on account of personal business.
Question - put and passed.

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7. PAY-ROLL TAX AMENDMENT BILL 1991 (Serial 50):
The Treasurer (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Pay-roll Tax Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

8. BUSINESS FRANCHISE AMENDMENT BILL 1991 (Serial 51):
The Treasurer (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Business Franchise Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

9. FINANCIAL INSTITUTIONS DUTY AMENDMENT BILL 1991 (Serial 52):
The Treasurer (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Financial Institutions Duty Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

10. SUSPENSION OF STANDING ORDERS - TAKE TWO BILLS TOGETHER:
The Treasurer (Mr Coulter) moved - That so much of Standing Orders be suspended as would prevent two Bills, the Stamp Duty Amendment Bill 1991 (Serial 55) and the Taxation (Administration) Amendment Bill 1991 (Serial 56) -

(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.

11. STAMP DUTY AMENDMENT BILL 1991 (Serial 55); and TAXATION (ADMINISTRATION) AMENDMENT BILL 1991 (Serial 56):
The Treasurer (Mr Coulter), 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.
Bills read a first time.
Mr Coulter moved - That the Bills be now read a second time.
On the motion of the Leader for the Opposition (Mr Ede) debate was adjourned.

12. MULHOLLAND INQUIRY, ADVICE RE NORTHERN TERRITORY INVESTIGATIONS - PAPER NOTED:
The order of the day having been read for the resumption of the debate on the motion of the Chief Minister (Mr Perron) - That the Assembly take note of the Paper -
Debate ensued.

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Suspension of sitting: The sitting was suspended between 11.58 a.m. and 2.00 p.m.
__________________
Debate continued.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -

. Some Issues Associated with the N.T.'s Draft Prostitution
Regulation Bill, by Neil Bell, MLA, Opposition Spokesman for
Legal Affairs, dated April 1991.

Debate continued.
And Mr Bell addressing the Chair mentioned a name which pursuant to Resolution of the Assembly, dated 30 April 1991 was not authorized to be mentioned.
Ruling of Speaker: The Speaker, pursuant to Standing Order 62, ordered that Mr Bell's statement containing the named person be expunged from Hansard and be not printed or published by any member of the Press or public.
Debate continued.
Personal explanation: The Member for Macdonnell (Mr Bell), pursuant to Standing Order 54, made a personal explanation relating to comments made by the Minister for Industries and Development (Mr Hatton) during this debate.
Debate continued.
Question - put and passed.

13. PERSONAL EXPLANATION:
The Member for Macdonnell (Mr Bell), by leave, made a personal explanation in relation to comments made during the previous debate.

14. STATUTE LAW REVISION (REGISTRATION OF INSTRUMENTS) BILL 1991 (Serial 22):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.

15. STATUTE LAW REVISION BILL 1991 (Serial 23):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into a Committee of the Whole for the consideration of the Bill.
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In the Committee
(Chairman - Mr Poole)

Clauses 1 to 3, by leave, taken together and agreed to.

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On the motion of the Attorney-General (Mr Manzie) the following new clause was inserted in the Bill -

"3A. AMENDMENT OF BARRAMUNDI FISHERY MANAGEMENT PLAN

"(1) The Barramundi Fishery Management Plan published as
Gazette No. S5 of 31 January 1991 is amended -

(a) by omitting from the definition of 'seven inch net
line' in clause 4(1) 'drawn through' and substituting
'drawn between';

(b) by omitting from clause 19(2) 'less than 50 cm' and
substituting 'less than 55 cm';

(c) by omitting from clause 20(1)(b) 'more than 5
barramundi' and substituting 'of more than 5
barramundi'; and

(d) by omitting from Schedule 5 the words and figures
specified in Column 1 of Schedule 3 to this Act and
substituting those specified in Column 2 of that
Schedule opposite to those words and figures.

"(2) The provisions of the Barramundi Fishery Management Plan
amended by subsection (1) may be further amended, or the Plan
repealed, as if the amendments in that subsection had been
made by a plan approved under section 25(3) of the
Fisheries Act.

"(3) The amendment made by subsection (1) shall be deemed to
have come into operation on 1 February 1991.".

Clauses 4 and 5, by leave, taken together and agreed to.
On the motion of Mr Manzie the following new clause was inserted in the Bill -

"5A. LEGISLATIVE ASSEMBLY MEMBERS' REMUNERATION ACT 1987

"The Legislative Assembly Members' Remuneration Act
1987, being Act No. 28, 1987, is repealed.".

Clause 6 agreed to.
Clause 7 read.
On the motion of Mr Manzie the following amendment was agreed to -

Omit from proposed paragraph I in subclause (1) "may be
lodged" and insert in its stead "may be signed and lodged".

Clause 7, as amended, agreed to.
Clauses 8 to 13, by leave, taken together and agreed to.
Schedule 1 read.
On the motion of Mr Manzie the following amendment was agreed to -

Omit the item relating to the Land and Business Agents
Act and insert in its stead the following:

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"Industry
and Employment
Training Act

Section 19(2)(b) the whole '(b) courses (other than
paragraph pre-apprenticeship, pre-
vocational, apprentice-
ship and traineeship
courses) conducted by the
Department of Education
or by the Institute of
Technical and Further
Education established
under the Northern
Territory University Act.'

Land and
Business
Agents Act

Section 5(1) the definition of
'certificate in
lieu of a fidelity
bond' and 'fidelity
bond'

Part XI the whole Part

Section 127(2) 'corporate manager' 'corporation manager'

Legal
Practitioners
Act

Section 36(1) paragraph (ba) '(ba) the Director of
Public Prosecutions
within the meaning of
the Director of Public
Prosecutions Act;

(bb) the Director of
Legal Aid within the
meaning of the Legal
Aid Act; or'".

On the motion of Mr Manzie the following further amendment was agreed to -

Insert after the item relating to the Mine Management
Act the following:

"Motor Accidents
(Compensation)
Act

Section 10(b) 'Compensation 'Compensation (Common-
(Commonwealth wealth Government
Government Employees) Act 1971

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Employees) Act or the Commonwealth
1971' Employees'
Rehabilitation
and Compensation Act
1988'".

On the motion of Mr Manzie the following further amendment was agreed to -

Insert after the item relating to the Police Administration
Act the following:

"Summary
Offences Act

Section 49B the whole section

Superannuation
Act

Section 3(3) 'takes effect' 'takes effect or shall be
deemed to have taken
effect, as the case may
be,'".

Schedule 1, as amended, agreed to.
Schedule 2 agreed to.
On the motion of Mr Manzie the following new Schedule was added to the Bill -

"SCHEDULE 3
Section 3A(1)(d)
AMENDMENTS TO SCHEDULE 5 TO
BARRAMUNDI FISHERY MANAGEMENT PLAN
______________________________________________________________
Column 1 Column 2
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'Creeks on Keyling Inlet' 'Creeks on Gunn Channel'
(first occurring)

'Creek at Yelcher Beach 'Creek at Yelcher Beach

5444 E 84195 N to 5445 E 5444 E 84195 N to 5445 E
884222 N' 84222 N'

'Jessie River 'Jessie River

7026 E' 7206 E'

'Childer Creek 'Childer Creek

5435 E 83562 N 5435 E 83562 N
to 5443 E 3548 N' to 5443 E 83548 N'

'Unnamed creeks east of 'Unnamed creeks east of
Wearyan River Wearyan River

Page 84

7068 E 82370 N to 7082 E 7068 E 82370 N to 7082 E
82370 N PELLEW 6266 82370 N PELLEW 6266
and and
7082 E 82370 N to 7082 E 7082 E 82370 N to 7082 E
86379 N PELLEW 6266' 82379 N PELLEW 6266'

'Seven Emu Creek 'Seven Emu Creek

7533 E 82147 N to 6547 E' 7533 E 82147 N to 7547 E'
______________________________________________________________".
Title agreed to.
Bill to be reported with amendments.
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The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) 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.

16. TERRITORY LOANS MANAGEMENT CORPORATION AMENDMENT BILL 1991 (Serial 54):
The Treasurer (Mr Coulter), by leave, presented a Bill for an Act to amend the Territory Loans Management Corporation Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
Paper tabled: Mr Coulter laid on the Table the following Paper -

. Letter, Mr E.M. Isaacson, Auditor-General to Hon. B. Coulter, MLA, Treasurer, dated 3 April 1991.

On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

17. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Question - put and passed.
The Assembly adjourned at 4.59 p.m. until Tuesday 7 May 1991.
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PAPERS:
The following Papers were deemed to have been presented on 2 May 1991:

Actuarial Review, Northern Territory Government and Public
Authorities Superannuation Scheme, as at 30 June 1989

Financial Administration and Audit Act:
Direction by Administrator, s.13(1)(a), dated 28 March 1991
Direction by Treasurer, s.13(1)(b), dated 10 April 1991
Increase of Treasurer's Advance, s.15(1), dated 28 March 1991
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ATTENDANCE:
All Members attended the sitting except Mr Lanhupuy, on leave.

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Last updated: 04 Aug 2016