Minutes of Proceedings - 2000-05-18
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Date : 18/05/2000
1. MEETING:
- The Assembly met at 10.00 h. The Speaker, the Honourable T R McCarthy, took the Chair.
2. PRAYERS.
3. VISITORS:
- The Speaker advised Members of the presence in the public galleries of Batchelor Institute of Indigenous Tertiary Education students accompanied by their lecturer Ms Martha Kamara.
On behalf of all Members Mr Speaker extended a warm welcome to the visitors.
4. PERSONAL EXPLANATION:
- The Member for Nelson (Mr Lugg) made a personal explanation of his comments made during the adjournment debate of the Assembly on Wednesday 10 May 2000.
5. PERSONAL EXPLANATION:
- The Member for Arnhem (Mr Ah Kit) made a personal explanation of his comments made during the adjournment debate of the Assembly on Wednesday 17 May 2000.
6. PETITION:
- The Member for Blain (Mr Mills), by leave, presented a petition from 970 petitioners requesting the Assembly to legalise paintball (Paper 1856).
7. QUESTIONS:
- 10:01 Ms Martin to Mr Burke.
10:03 Ms Carter to Mr Burke.
10:07 Ms Martin to Mr Burke.
10:14 Mr Hatton to Mr Burke.
10:19 Mr Stirling to Mr Burke.
10:21 Mr Balch to Mr Burke.
10:23 Mr Stirling to Mr Burke.
10:26 Mr Mills to Mr Palmer.
10:29 Mr Stirling to Mr Burke.
10:32 Dr Lim to Mrs Braham.
The Leader of Government Business (Mr Palmer) asked further questions be placed on the Question Paper and that the broadcast of Question Time be discontinued forthwith.
- Suspension of Standing Orders: The Member for Nhulunbuy (Mr Stirling) moved – That so much of Standing Orders be suspended as would prevent him moving a motion to censure the Chief Minister for misleading the Assembly over his role in the administration of the remuneration, allowances and emoluments payable to Judges and Magistrates.
The Leader of Government Business (Mr Palmer) informed the Assembly that the Government would, pursuant to Standing Order 95, accept the motion as a censure motion.
The Member for Nhulunbuy (Mr Stirling) thereupon moved – That this Assembly censure the Chief Minister and Attorney-General for:
- (a) playing a central role in the development of a secret pay deal for the Chief Magistrate of the Northern Territory;
(b) lying to Territorians about his knowledge of the original deal and about his subsequent moves to sweeten the deal; and
(c) for failing to disclose that deal and in doing so casting doubt over the integrity of the Northern Territory judiciary (Paper 1847).
Debate ensued.
Paper tabled: The Chief Minister (Mr Burke) laid on the Table the following Papers –
U3A, Online - page 5, 16th March meeting with Clare Martin (Paper 1849).
- Debate continued.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon T. R. McCarthy, in the Chair) -
AYES, 17 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Henderson
Mr Baldwin Mrs Hickey
Mrs Braham Ms Martin
Mr Burke Mr Rioli
Mr Carter Mr Stirling
Mr Dunham Mr Toyne
Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr Manzie
Mr Mills
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -
AYES, 7 NOES, 18
Mr Ah Kit Mr Adamson
Mr Henderson Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mrs Braham
Mr Rioli Mr Burke
Mr Stirling Mr Carter
Mr Toyne Mr Dunham
- Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mills
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Motion negatived accordingly.
- The Member of Nhulunbuy (Mr Stirling) Tabled the following letter requested by the Chief Minister (Mr Burke) during Question Time this day –
- The Chief Minister (Mr Burke), by leave, moved – That, -
1. This Assembly:
- (a) Congratulate the Australian Defence Force on the level of training and professionalism which equipped it to ably lead the International Force East Timor mission, Operation Stabilise;
- (b) Recognise the crucial role in the International Force East Timor and subsequent United Nations Transitional Authority East Timor missions by Territorians serving in the Army, Navy and Air Force;
- (c) Welcome home the men and women of the Australian Army, the Royal Australian Navy and the Royal Australian Air Force who have returned, and send our best wishes to those still on the front line in East Timor;
- (d) Congratulate the Prime Minister of Australia, The Hon. John Howard MP, for his vision and courage in leading the coalition of willing Allies in the rescue mission to East Timor; and
- (e) Encourage all Territorians to turn out for the official 'Welcome Home' parade in Darwin on Saturday, May 20 at 10.30 am ; and
- Many times the people of the Northern Territory have been called upon to defend their homes and families against the assaults of nature and of man.
Like our forebears who fought at Anzac Cove, the Western Front, throughout the Pacific and Europe in World War II and in conflicts since, they have been called upon to leave their families and homes to defend our way of life at home, and the freedom of our friends and Allies abroad.
Once again in 1999 and 2000, they were summoned to serve the cause of liberty. The men and women of the Australian Defence Force put themselves in harm's way to protect their neighbours' homes and their neighbours' lives.
This Parliament as the elected representative of all Territorians, pays tribute to those who answered the call. Those who spent the final months of the old century and the first months of the new, on active service in East Timor. And their colleagues who stayed to man the Australian Defence Force bases in Northern Australia so maximum effort could be maintained on the front line.
The Parliament salutes their professionalism and skill, pays tribute to their courage and honours them for their service.
We thank them and in the words of the Ode:
“We will remember them.” (Paper 1851)
Debate ensued.
Suspension of sitting: The sitting was suspended between 11:59 h and 14:00 h.
Debate resumed.
Question – put and passed.
11. HEALTH SERVICE INDUSTRY IN THE NORTHERN TERRITORY – MINISTERIAL STATEMENT – STATEMENT NOTED:
- The Minister for Health, Family and Children’s Services (Mr Dunham) made a statement relating to the health service industry in the Territory (Paper 1855).
Mr Dunham moved – That the Assembly take note of the Statement.
Debate ensued.
Question – put and passed.
- The Leader of Government Business (Mr Palmer) moved – That the Assembly at its rising adjourn until Tuesday 13 June 2000 at 10:00 h or such other time and or date as may be set by Mr Speaker, pursuant to Sessional Order.
Question – put and passed.
- The Leader of Government Business (Mr Palmer) moved – That Government Business, Orders of the Day No. 7 relating to the Sentencing Amendment Bill (No. 3) 1998 (Serial 132); Criminal Code Amendment Bill (No. 5) 1998 (Serial 133); and Juvenile Justice Amendment Bill (No. 3) 1998 (Serial 134), be discharged from the Notice Paper, forthwith.
Question – put and passed.
14. LEGAL PRACTITIONERS AMENDMENT BILL 2000 (Serial 242):
- The Attorney-General (Mr Burke), pursuant to notice, presented a Bill for an Act to amend the Legal Practitioners Act.
Bill read a first time.
Mr Burke moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
15. FINANCIAL RELATIONS AGREEMENT (CONSEQUENTIAL PROVISIONS) BILL 2000 (Serial 228); FIRST HOME OWNER GRANT BILL 2000 (Serial 229); PAY-ROLL TAX AMENDMENT BILL 2000 (Serial 235); STAMP DUTY AMENDMENT BILL 2000 (Serial 240); and TAXATION (ADMINISTRATION) AMENDMENT BILL 2000 (Serial 241):
- Suspension of Standing Orders: The Leader of Government Business (Mr Palmer) moved – That so much of Standing Orders be suspended as would prevent Bills entitled Financial Relations Agreement (Consequential Provisions) Bill 2000 (Serial 228); First Home Owner Grant Bill 2000 (Serial 229); Pay-roll Tax Amendment Bill 2000 (Serial 235); Stamp Duty Amendment Bill 2000 (Serial 240); and Taxation (Administration) Amendment Bill 2000 (Serial 241) –
- (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; and
(b) the consideration of the Bills separately in the Committee of the Whole.
The Leader of Government Business (Mr Palmer), on behalf of and at request of the Treasurer (Mr Reed), pursuant to notice, presented a Bill for an Act to implement certain measures described in the Intergovernmental Agreement on the Reform of Commonwealth-State Financial Relations and for that purpose to amend the Financial Institutions Duty Act, the Fuel Subsidies Act, the Mineral Royalty Act and 3 other related Acts, the Pay-roll Tax Act, the Petroleum Act, the Racing and Betting Act, the Stamp Duty Act and for related purposes; a Bill for an Act to encourage and assist home ownership, and to offset the effect of the GST on the acquisition of a first home, by establishing a scheme for the payment of grants to first home owners; a Bill for an Act to amend the Pay-roll Tax Act; 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 Palmer moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Leader of the Opposition (Ms Martin) debate was adjourned.
16. MISCELLANEOUS (INTERPRETATION ACT AND PENALTIES ACT) AMENDMENT BILL 2000 (Serial 237):
- The Attorney-General (Mr Burke), pursuant to notice, presented a Bill for an Act amend the Interpretation Act and the Penalties Act.
Bill read a first time.
Mr Burke moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
17. AUSTRALASIA RAILWAY (SPECIAL PROVISIONS) AMENDMENT BILL 2000 (Serial 238) and AUSTRALASIA RAILWAY CORPORATION AMENDMENT BILL 2000 (Serial 239):
- Suspension of Standing Orders: The Chief Minister (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent Bills entitled AustralAsia Railway (Special Provisions) Amendment Bill 2000(Serial 238) and AustralAsia Railway Corporation Amendment Bill 2000 (Serial 239) -
- (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; and
(b) the consideration of the Bills separately in the Committee of the Whole.
The Minister for the AustralAsia Railway (Mr Burke), pursuant to notice, presented a Bill for an Act to amend the AustralAsia Railway (Special Provisions) Act; and a Bill for an Act to amend the AustralAsia Railway Corporation Act.
Bills read a first time.
Mr Burke moved – That the Bills be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
- The Minister for Industries and Business (Mr Baldwin), pursuant to notice, presented a Bill for an Act to amend the Work Health Act.
Bill read a first time.
Mr Baldwin moved – That the Bill be now read a second time.
On the motion of the Member for Wanguri (Mr Henderson) debate was adjourned.
- Suspension of Standing Orders: The Minister for Resource Development (Mr Manzie) moved – That so much of Standing Orders be suspended as would prevent Bills entitled Mining Amendment Bill 2000(Serial 243); and Petroleum Amendment Bill 2000(Serial 244) -
- (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; and
(b) the consideration of the Bills separately in the Committee of the Whole.
The Minister for Resource Development (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Mining Act and for other related purposes; and a Bill for an Act to amend the Petroleum Act and other related legislation.
Bills read a first time.
Mr Manzie moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Member for Stuart (Mr Toyne) debate was adjourned.
- The Minister for Health, Family and Children’s Services (Mr Dunham), pursuant to notice, presented a Bill for an Act to amend the Health Practitioners and Allied Professionals Registration Act.
Bill read a first time.
Mr Dunham moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Wanguri (Mr Henderson) debate was adjourned.
- Suspension of Standing Orders: The Attorney-General (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent the Sentencing of Juveniles (Miscellaneous Provisions) Bill 2000 (Serial 234) passing through all stages at this sitting.
Question – put and passed.
The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time –
Debate ensued.
Question – put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.
- The Order of the Day having been read for the resumption of the debate on the question – That the Bills be now read a second time –
Debate resumed.
Question – put and passed.
Bills read a second time.
The Assembly resolved itself into Committee of the Whole for the consideration of the Bills.
In Committee
(Chairman Mr Mitchell)
- Sale of NT TAB Bill 1999 (Serial 195):
Bill, by leave, taken as a whole.
The following amendments were taken together, by leave, and agreed to -
In Clause 8 insert after subclause (1) the following:
- '(1A) Sections 12 to 17 (inclusive) and section 18(1), (2) and (4) of the Totalisator Licensing and Regulation Act do not apply in relation to the grant of the totalisator licence to the purchaser.'.
Insert after clause 8 the following:
- '8A. Purchaser to be granted licence under Racing and Betting Act
- '(1) In this section, "Racing and Betting Act" means the Racing and Betting Act or an Act enacted in substitution for that Act as in force from time to time.
'(2) If the purchaser makes a request to the authority for the grant of a licence referred to in section 89A of the Racing and Betting Act –
(a) the purchaser must be granted the licence;
(b) the licence granted to the purchaser is not to have effect before 1 January 2001 or after 30 June 2005; and
(c) that Act applies to and in relation to the licence granted to the purchaser, but not so as to require the purchaser to apply for the licence or to be otherwise inconsistent with this subsection.'.
Bill, as amended, agreed to.
Bill to be reported with amendments.
Totalisator Licensing and Regulation Bill 1999 (Serial 196):
Bill, by leave, taken as a whole.
The following amendments were taken together, by leave, and agreed to -
In Clause 3 omit from subclause (1) the definitions of "agent" and "agency" and substitute the following:
- ' "agent" means the person with whom a licensee enters into an agreement referred to in section 39 to establish or carry on business as an agency for the conduct of totalisator wagering;
"agency" means the conduct of totalisator wagering under a licensee's licence by the licensee's agent for and on behalf of the licensee on premises occupied by the agent;'.
In Clause 3 insert after the definition of "authority" in subclause (1) the following:
- ' "betting account" means an account with a licensee in the name of a person who makes bets with the licensee against which the amount of a bet made by the person with the licensee may be debited and into which a dividend, refund or other payment payable to the person by the licensee may be credited;'.
In Clause 3 insert after the definition of "club" in subclause (1) the following:
- ' "commission" means commission deducted in accordance with the Rules;'.
In Clause 3 insert after the definition of "Director" in subclause (1) the following:
- ' "event, sport or activity" means an event, sport or activity determined under section 10B to be an event, sport or activity on which wagering by means of a totalisator may be conducted;'.
In Clause 3 omit from the definition of "licence" in subclause (1) 'section 25' and substitute 'this Act'.
In Clause 3 omit from the definition of "operator" in subclause (1) 'employed' and substitute 'appointed'.
In Clause 3 omit from subclause (1) the definition of "premises of a licensee" and substitute the following:
- ' "premises" means a building or part of a building, occupied by a licensee or an agent, where –
- (a) the licensee establishes or operates a totalisator or conducts totalisator wagering; or
(b) the agent conducts totalisator wagering under a licensee's licence for and on behalf of the licensee;'.
In Clause 3 omit the definition of "wagering" from subclause (1) and substitute the following:
- ' "wagering" means pari-mutuel betting on a race or an event, sport or activity;'.
In Clause 3 omit subclause (2) from the definition of "wagering" and substitute the following:
- '(2) A reference in this Act to a person employed by a licensee or an agent includes a reference to a person whose services are provided to the licensee or agent under a contract with the person or another person.'.
In Clause 3 omit from subclause (3) in the definition of "wagering" 'A' and substitute 'Unless the contrary intention appears, a'.
In Clause 6 omit from paragraph (a) 'other events or activities (as prescribed)' and substitute 'events, sports or activities'.
In Clause 6 insert after paragraph (c) the following:
- '(ca) determine the events, sports or activities on which wagering by means of a totalisator may be conducted;'.
In Clause 10 omit from subclause (1) 'On a person becoming a member, he or she' and substitute 'On –
- (a) a person becoming a member; or
(b) in the case of a person who is a member of the Northern Territory Licensing Commission on the commencement of this Act – on that commencement,
the person'.
In Clause 10 omit from paragraph (c) 'specified' (twice occurring).
Insert after Clause 10 the following new clauses:
- '10A. Review of decisions of authority
- '(1) A decision of the authority made under this Act, other than a decision to grant or refuse to grant a licence or the determination of a hearing, is capable of being reviewed under Part 4 of the Northern Territory Licensing Commission Act.
'(2) A review under Part 4 of the Northern Territory Licensing Commission Act does not affect the application of Parts 7 (other than Division 5 of that Part) and 8 in relation to the matter the subject of the review, but those Parts do not apply during the conduct of the review.
- '(1) The authority must, by notice in the Gazette, determine the events, sports and activities on which wagering by means of a totalisator may be conducted.
'(2) In making a determination under subsection (1), the authority may –
(a) specify an event, sport or activity or a class of events, sports or activities on which wagering may be conducted;
(b) specify an event, sport or activity or a class of events, sports or activities on which wagering is not to be conducted;
(c) specify circumstances, whether generally or in a particular case, in which wagering may be conducted on an event, sport or activity or a class of events, sports or activities; or
(d) specify circumstances, whether generally or in a particular case, in which wagering is not to be conducted on an event, sport or activity or a class of events, sports or activities.
'(3) The authority may, by notice in the Gazette –
(a) exempt a licensee or class of licensees from compliance with a determination or part of a determination made under subsection (1); or
(b) provide that a determination or part of a determination made under subsection (1) does not apply to an event, sport or activity or a class of events, sports or activities.
'(4) An exemption under subsection (3) may be subject to conditions.'.
In Clause 11 omit subclause (1)(c) and substitute the following:
- '(c) the conduct of totalisator wagering in the Territory on a race or an event, sport or activity occurring in or outside the Territory;'.
In Clause 15 insert in subclause (2)(b) 'this Act or' before 'the Racing'.
In Clause 16 insert in subclause (2)(b) 'this Act or' before 'the Racing'.
Clause 19 negatived.
Insert after clause 18 the following:
- '19. Exclusivity
- 'The authority may grant a licence that authorises a person to –
(a) establish or operate a totalisator in the Territory or at a specified location in the Territory;
(b) conduct totalisator wagering in the Territory or at a specified location in the Territory; or
(c) conduct totalisator wagering in the Territory on a race or a class of races or an event, sport or activity or a class of events, sports or activities,
as specified in the licence, to the exclusion of any other person for the term of the licence or other shorter period specified in the licence.'.
In Clause 21 omit from subclause (2)(a) '12 months' and substitute '2 years'.
In Clause 25 insert in subclause (1) 'and sections 25A and 25B' after 'section'.
In Clause 25 insert after subclause (3) the following:
- '(3A) If a licensee applies under subsection (1)(b) to vary the licence by deleting, adding or substituting premises, the authority must vary the licence accordingly on being satisfied that to do so would not result in the licensee contravening a law in force in the Territory.'.
In Clause 25 insert in subclause (7) '(3A),' before '(4)'.
Insert after Clause 25 the following new clauses:
- '25A. Variation of agent specified in licence
- '(1) If a licensee makes an application under section 25(1)(b) to vary the licensee's licence by deleting, adding or substituting an agent, this section applies.
'(2) The application to vary the licence must be given to the Director.
'(3) On receiving an application to delete an agent, the Director must immediately, by notice given to the licensee, vary the licence accordingly.
'(4) On receiving an application to add or substitute an agent, the Director may carry out the inquiries he or she thinks necessary to determine if the proposed agent is suitable.
'(5) The Director must carry out his or her inquiries immediately and expeditiously.
'(6) If it appears to the Director that the proposed agent is suitable, he or she must, by notice given to the licensee, vary the licence by adding or substituting the agent.
'(7) A variation under subsection (3) or (6) takes effect on the date notice of the variation is given to the licensee.
'(8) At its next meeting after the date of a variation under subsection (6), the authority must consider the application for the variation and, after doing so, must, by notice given to the licensee –
(a) for the purposes of sections 39 and 40 – approve or refuse to approve the establishment of the agency with the agent added or substituted by the variation; and
(b) ratify (if satisfied that the variation does not result in the licensee contravening a law in force in the Territory) or refuse to ratify the variation of the licence.
'(9) If the authority refuses to approve the establishment of the agency or refuses to ratify the variation of the licence, the agent must cease to carry on business as the licensee's agent within 2 days after the date the notice is given to the licensee.
- '(1) A licence may specify the manner in which a term or condition of the licence is to be varied.
'(2) If a licence specifies the manner for varying a term or condition of the licence, sections 25 and 25A do not apply to any variation of that term or condition and that term or condition is to be varied in accordance with the manner specified.'.
In Clause 27 insert in subclause (4)(a) 'unless the authority determines otherwise,' before 'the payment'.
In Clause 27 insert after subclause (4)(b) the following:
- '(ba) the payment to the Territory of the amount equal to the credit balances in betting accounts with the person as licensee at the date of the surrender;'.
In Clause 27 omit subclause (5) and substitute the following:
- '(5) For the purposes of subsection (4)(b) and (ba), the person surrendering a licence must give to the authority a list of the following persons:
(a) persons who have not been paid dividends or other money owing to them by the person as licensee;
(b) persons who have not claimed from the person as licensee prizes they have won;
(c) persons who have a credit balance in a betting account with the person as licensee.'.
In Clause 28 omit the definition of "wagering revenue".
In Clause 29 omit 'Subject' and substitute '(1) Subject'.
In Clause 29 add at the end the following:
- '(2) Nothing in subsection (1) affects the application of the Taxation (Administration) Act to any other matter referred to in this Act.'.
Clause 30 negatived.
Insert after Clause 29 the following:
- '30. Liability to pay wagering tax
- '(1) Without limiting a licensee's liability to pay any other tax or charge under a law of the Territory, the licensee must pay to the Commissioner of Taxes the amount that equals the amount that represents the prescribed percentage of the licensee's commission deducted for each month less the amount equal to the amount of GST (if any) paid or payable in relation to every supply to which that amount of commission relates.
'(2) In subsection (1), "GST" and "supply" have the same respective meanings as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.
- '(3) The Regulations may prescribe a percentage under subsection (1) in relation to a race, event, sport or activity or a class of races, events, sports or activities.'.
In Clause 31 insert in subclause (1) 'time' before 'allowed.
In Clause 32 omit from subclause (1) 'wagering revenue' and substitute 'commission deducted'.
In Clause 32 omit from subclause (2)(b) 'wagering revenue' and substitute 'commission'.
In Clause 35 omit from subclause (1) 'accounts, books and other records' and substitute 'operations'.
In Clause 39 insert in subclause (2)(b) 'unless the licensee satisfies the court that the licensee exercised reasonable care to prevent the commission or alleged commission of the offence by the agent' after 'actions' (last occurring).
In Clause 41 insert in subclause (2) 'and any business carried on under the licensee's licence by an agent' after 'licensee' (second occurring).
In Clause 42 omit subclause (2)(b) and substitute the following:
- '(b) provide for the establishment and management of betting accounts with a licensee by persons who make bets with the licensee;'.
In Clause 42 omit subclause (2)(d) and substitute the following:
- '(d) provide for the payment of dividends on bets placed with a licensee and prescribe the manner for distributing and paying the dividends, including the arrangements where there are no winning bets, the manner of claiming the payment of a dividend and the payment of dividends on bets made by post or an electronic form;
(da) prescribe the manner in which unclaimed dividends are to be dealt with;'.
In Clause 42 insert after subclause (2)(f) the following:
- '(fa) provide for the use of the telephone or other electronic means, including on a computer system using the internet, to make bets, pay dividends and withdraw from and deposit in accounts held with a licensee and to enable a licensee to provide information to persons interested in wagering;'.
In Clause 42 omit from subclause (3) all words before paragraph (a) and substitute 'In exercising its power to make rules under subsection (1), the authority may make a rule that –
- (aa) deals with wagering on races or events, sports or activities occurring outside the Territory;'.
In Clause 42 omit from subclause (3)(a) 'other Territory of the Commonwealth' and substitute 'another Territory of the Commonwealth or a law in force in another country'.
In Clause 52 omit from subclause (1) all words before 'this Act' and substitute 'An inspector may carry out an inspection to ascertain whether a licensee or an agent is carrying on the licensee's or agent's business in accordance with the licensee's licence'.
In Clause 52 omit subclause (2)(a) and substitute the following:
- '(a) at any time enter the premises of a licensee or agent or any other place where business under the licensee's licence is carried on, whether in or outside of the Territory;'.
In Clause 53 insert in subclause (1)(a) 'or, in the case of premises occupied by the licensee's agent, both the licensee and the agent consent' after 'consents'.
In Clause 60 omit from paragraph (b) 'have ended' and substitute 'are not proceeding or have concluded and the Court has not made an order forfeiting the machinery, device or thing to the Territory under section 62'.
In Clause 64 omit 'to a licensee' and substitute 'to the conduct or operations of a licensee'.
In Clause 64 omit 'to each person' and substitute 'to the conduct or actions of each person'.
In Clause 65 insert in subclause (1) 'or operations' after 'conduct'.
In Clause 65 omit from subclause (2)(a) 'in writing' and substitute 'in a written form approved by the authority'.
In Clause 65 insert in subclause (3)(a) 'within 48 hours after receiving it' after 'complaint' (first occurring).
In Clause 66 omit subclause (2)(c).
In Clause 66 insert after subclause (2) the following:
- '(2A) The Regulations may prescribe the maximum amount of a fine that may be imposed under subsection (2)(e) by describing the amount as the amount that from time to time is equal to a specified number of penalty units within the meaning of the Penalties Act.'.
In Clause 68 omit from subclause (1)(b) 'of his or her licence' and substitute 'or variation of the licensee's licence'.
In Clause 70 omit paragraph (a) and substitute the following:
- '(a) if, in the opinion of the authority –
(i) the facts set out in the statement would not, if proven, establish the grounds on which the application is made; or
(ii) the grounds on which the application is made are not sufficient for cancelling the licence,
dismiss the application; or'.
In Clause 71 omit from subclause (1) 'the construction of a term or condition of the licensee's' and substitute 'what constitutes compliance with a term or condition of the licensee's licence'.
In Clause 71 omit subclause (2) and substitute the following:
- '(2) If the authority or licensee requires the resolution of a dispute by arbitration or the determination of a dispute by the Minister, the dispute is to be resolved or determined in accordance with the requirement.
'(3) Subsections (1) and (2) do not apply to or in relation to a dispute concerning a matter that is or has been the subject of –
- (a) a complaint;
(b) a determination of the authority under section 66 or 70 to conduct a hearing;
(c) a request under section 78 or 79 to conduct a hearing;
(d) a hearing;
(e) an appeal under Part 8; or
(f) a review of a decision under Part 4 of the Northern Territory Licensing Commission Act.
'(4) For the avoidance of doubt, the resolution by arbitration or determination by the Minister of a dispute under this Division does not, unless section 73 or 74 applies, bar a person from dealing with a matter the subject of or relating to the dispute under Part 7 or 8.'.
Clause 73 negatived.
Insert after Clause 72 the following:
- '73. Resolution and arbitration proceedings not admissible
- Anything said, done or written for the purpose of the arbitration or determination of a dispute under this Division is not to be taken into account in any subsequent proceedings under this Act or the prosecution of any offence against this Act that relate or relates to the dispute the subject of the determination or arbitration.'.
In Clause 74 omit all words before 'is final' and substitute 'A decision of the Minister under this Division that determines a dispute or an arbitrator's determination under this Division that resolves a dispute'.
In Clause 79 insert in subclause (1) 'or to refuse to ratify a variation under section 25A(8)' before ', the licensee'.
In Clause 81 omit from subclause (1) 'until the determination' and substitute 'during the conduct'.
In Clause 81 omit from subclause (2) 'until the determination' and substitute 'during the conduct'.
In Clause 83 omit from subclause (1) 'requested the hearing' and substitute 'made the complaint'.
In Clause 83 omit subclause (1)(a).
In Clause 85 omit all words after 'open court' and substitute 'and, on the making of the order, persons who are not parties to the proceedings and not the parties' counsel, solicitors or representatives are, unless permitted to be present by the Court, excluded during the hearing of the appeal or the part of the appeal'.
In Clause 86 omit from paragraph (a) 'or order'.
In Clause 88 omit 'A' and substitute '(1) A'.
In Clause 88 add at the end the following:
- '(2) If the licensee or agent referred to in subsection (1) is operating a totalisator or conducting totalisator wagering on licensed premises within the meaning of the Liquor Act, subsection (1)(c) or (d) does not apply unless the contravention or failure to comply of the person employed by or acting for and on behalf of a licensee or agent that constitutes the offence is a contravention of or failure to comply with that Act or a licence issued under Part III of that Act.
'(3) It is a defence to a prosecution for an offence against subsection (1)(b) that the defendant was shown an identification for the purposes of representing that the person was 18 years of age or more and the defendant had no reasonable grounds for doubting the validity of the identification.'.
In Clause 90 insert in paragraph (a) 'in contravention of a law in force in the Territory' after 'agent'.
Clause 91 negatived.
Insert after Clause 90 the following:
- '91. Licensee not to extend credit etc. for purpose of wagering
- 'A licensee, agent, operator or a licensee's or agent's employee must not lend money or any valuable thing or extend credit in any form to a person for the purpose of enabling the person or another person to wager.'.
In Clause 93 omit 'Penalty: 100 penalty units or imprisonment for 6 months.'.
In Clause 93 add at the end of subclause (2) the following:
- 'Penalty: 100 penalty units or imprisonment for 6 months.'.
Clause 94 negatived.
In Clause 98 insert in subclause (1)(b) 'to another person' after 'information'.
In Clause 102, omit subclause (4).
Insert after Part 9 the following:
in licensees
'Division 1 – Preliminary
'104A. Interpretation
- '(1) In this Part, unless the contrary intention appears –
"associate" means –
- (a) an associate within the meaning of Division 2 of Part 1.1 of the Corporations Law;
(b) a prescribed person or a person who is a member of a prescribed class of persons; or
(c) a person, not being a person referred to in paragraph (a) or (b), who the Minister declares, on the basis of information given or not given in compliance or non-compliance with a requirement notice, to be an associate under section 104G(1);
- (a) a body corporate of any kind wherever formed or incorporated and whether formed or incorporated under the Corporations Law or any other law;
(b) a society, association or other body, wherever formed, that under the law of the place where it was formed may sue or be sued or may hold property in the name of the secretary or some other officer of the body or in the name of any trustee or trustees; and
(c) a society, association or other body, wherever formed, to which is applied with or without exceptions a law in force in the place where it was formed relating to corporations or companies as if it were a corporation or company within the meaning of that law;
"prohibited holder" means a person who the Minister declares under section 104G(1)(g) has a prohibited shareholding interest;
"prohibited shareholding interest" means an interest that entitles a person to exercise or to influence or control the exercise of the right to vote attached to the number of voting shares in a licensee that together constitute more than the percentage of the total number of voting shares in the licensee prescribed under section 104D(1);
"requirement notice" means a notice given under section 104E(1) requiring a person to provide information to the Minister;
"transaction" means a transaction that –
- (a) is entered into or made in or outside the Territory;
(b) relates to shares registered in or outside the Territory; or
(c) is made and is enforceable under a law applying in the Territory or elsewhere;
- (a) a reference to an associate were a reference to an associate as defined in this section; and
(b) a reference to a relevant interest were a reference to an interest in a share that a person would have under Division 5 of Part 1.1 of the Corporations Law if sections 33 and 35(c) of that Division were disregarded.
'(3) A reference in this Part to the influence or control of the exercise of the right to vote attached to a voting share is a reference to influence or control that is direct or indirect or is or can be exercised as a result of, by means of, in breach of or by revocation of trusts or relevant agreements and practices (whether or not the trusts, agreements or practices are enforceable).
- '(1) The Regulations may exempt a person or class of persons from the application of this Part.
'(2) An exemption under subsection (1) may be subject to conditions.
'104C. Person not to have prohibited shareholding interest
- '(1) A person must not have a prohibited shareholding interest.
'(2) A person must not act to acquire a prohibited shareholding interest.
'(3) If the shares of a person who is found guilty of an offence against subsection (1) or (2) are forfeited to the Territory under Division 3, the forfeiture of the shares is in addition to any penalty imposed on the person.
Penalty: 1,000 penalty units.
'104D. Prohibited shareholding interest
- '(1) A person has a prohibited shareholding interest in a licensee if the person has an interest that entitles the person to exercise or influence or control the exercise of the right to vote attached to the number of voting shares in the licensee that together constitute more than the prescribed percentage of the total number of voting shares in the licensee.
'(2) The percentage prescribed under subsection (1) is to be less than 20%.
'(3) The Regulations may –
- (a) prescribe an interest or a class of interests that give rise to prohibited shareholding interest;
(b) prescribe the manner in which to establish whether a person has a prohibited shareholding interest;
(c) prescribe the percentage under subsection (1) in relation to a person or a class of persons; and
(d) exempt a person or a class of persons from compliance with subsection (1).
- '(1) If the Minister believes on reasonable grounds that a person has, or is taking action to acquire, a prohibited shareholding interest in a licensee, the Minister may, by notice in writing given to that person or any other person who the Minister believes on reasonable grounds is entitled to shares in a licensee, require the person to give the authority the information relating to entitlement to or influence or control of voting shares in the licensee specified in the notice.
'(2) The person who is given the requirement notice must give the information to the Minister within 7 days after receiving the notice or within the other lesser period specified in the notice.
'(3) The requirement notice may require the person to whom it is given or, if the person is a body corporate, 2 directors or 2 executive or other officers of the body corporate to verify the information given to the Minister by statutory declaration.
- '(1) A person who is given a requirement notice must comply with the notice.
Penalty: 100 penalty units.
'(2) A person must not, in purporting to comply with a requirement notice given to the person, knowingly give information that is false or misleading in a material particular.
Penalty: 100 penalty units or imprisonment for 6 months.
- '(1) If –
- (a) on account of information given to the Minister in compliance with a requirement notice or on other grounds – the Minister considers that a person has a prohibited shareholding interest in a licensee;
(b) a person given a requirement notice does not comply with the notice; or
(c) the Minister considers on reasonable grounds relating to information included in or omitted from a requirement notice that a person has, in purporting to comply with a requirement notice, given information that is false or misleading in a material particular,
- (d) the person is an associate of another person;
(e) another person is an associate of the person;
(f) the person or the other person referred to in paragraph (a) or (b) is entitled to exercise or to influence or control the exercise of the right to vote attached to the number of voting shares in the licensee specified in the notice; or
(g) the person or the other person referred to in paragraph (a) or (b) has a prohibited shareholding interest in a licensee.
- (a) to the persons (other than the licensee) to whom the declaration refers; and
(b) in the case of a declaration under subsection (1)(g), if that person is not the person holding the voting shares to which the declaration relates – to the holder of those voting shares.
- (a) if the notices under subsections (1) and (2) are given on the same day – on that day; or
(b) if the notices are given on different days – on the day the last of the notices is given.
- '(1) A prohibited holder must not exercise or influence or control or take action to exercise or influence or control the exercise of any of the voting rights that give rise to the prohibited holder's prohibited shareholding interest unless the Minister gives his or her approval to the prohibited holder to do so.
'(2) The Minister's approval may be subject to conditions.
'(3) If the Minister gives his or her approval subject to conditions, the prohibited holder must comply with the conditions.
'(4) A prohibited holder must comply with this section until the disposal or forfeiture pursuant to section 104J of voting shares the subject of the prohibited holder's prohibited shareholding interest.
Penalty: 1,000 penalty units or imprisonment for 6 months.
- '(1) If the Minister makes a declaration under section 104G(1)(g), the Minister may by notice in writing require that the prohibited holder or, if the prohibited holder is not the person who holds the voting shares referred to in the declaration, that other person to dispose of –
- (a) if, after the total number of the voting shares in respect of which the prohibited holder is entitled to exercise or to influence or control the exercise of voting rights were disposed of, the prohibited holder would continue to have a prohibited shareholding interest in the licensee – all those voting shares;
(b) if the Minister considers (for whatever reason) that it is appropriate for the person to dispose of a number of voting shares that is less than the number of the voting shares referred to in paragraph (a) or (c) – that number of shares; or
(c) in any other case – the number of voting shares that would need to be disposed of so that the prohibited holder would cease to have a prohibited shareholding interest in the licensee.
'(3) The requirement to dispose of voting shares takes effect –
- (a) if the notices under subsections (1) and (2) are given at the same time – on the giving of the notices; or
(b) if the notices are given at different times – when the last of the notices is given.
'(5) If a person who is given a notice under subsection (1) does not dispose of the voting shares within the period specified in the notice, the voting shares are, on the expiry of that period, forfeited to the Territory.
- '(1) If, because of a transaction entered into relating to voting shares in a licensee –
- (a) a person who did not have a prohibited shareholding interest in the licensee before the transaction was entered into has or would have on completion of the transaction a prohibited shareholding interest in the licensee; or
(b) a person who had a prohibited shareholding interest in the licensee before the transaction was entered into is or would be on completion of the transaction entitled to exercise or influence or control the exercise of the right to vote attached to a greater number of voting shares in the licensee than immediately before the completion of the transaction,
'(2) Despite the forfeiture of voting shares under subsection (1), a transaction referred to in that subsection is not illegal or void because of this Part.
'(3) On the Minister giving notice of a declaration that voting shares are forfeited to the Territory, the Minister must also give notice of the declaration to the licensee concerned.
'(4) The forfeiture of voting shares takes effect –
- (a) if the notices under this section relating to the forfeiture are given at the same time – on the giving of the notices; or
(b) if the notices are given at different times – when the last of the notices is given.
- '(1) The Minister must sell all voting shares forfeited to the Territory under section 104J or 104K.
'(2) In selling the voting shares, the Minister is not affected by any restriction on the sale of voting shares contained in the licensee's constitution.
'(3) The proceeds from the sale of the voting shares are to be –
- (a) first – applied in payment of the reasonable costs of the forfeiture and sale;
(b) secondly –
- (i) if the voting shares were transferred as a result of a transaction referred to in section 104J and the transferor has not received the full consideration agreed on with the transferee – applied in payment to the transferor of the amount or value of the consideration not received by the transferor and to the transferee of any residue; or
(ii) in any other case – paid to the person from whom the voting shares were forfeited.
- 'A notice given under this Division must specify –
(a) the reasons for the declaration or requirement to dispose of voting shares the subject of the notice;
(b) that a person affected by the declaration or requirement may apply to the Supreme Court for a review of the declaration or requirement; and
(c) the time within which the person may apply for a review.
'104N. Review by Supreme Court
- '(1) A person to whom a notice is given under Division 3 may apply to the Supreme Court to review the declaration or requirement to dispose of voting shares the subject of the notice.
'(2) The application must be made within 21 days after the notice is given to the person.
'(3) The period within which an application for review may be made may not be extended.
'(4) The following persons are the parties to the hearing of an application for review:
(a) the applicant;
(b) the Minister;
(c) if the applicant is not the licensee to which the notice the subject of the application relates – the licensee;
(d) any other person or persons to whom the notice was given by the Minister under the Division 3.
'(5) The Supreme Court may hear an application for review in the absence of a party referred to in subsection (4)(d).
- 'The Supreme Court may order the hearing of an application for review or part of an application for review is not to be heard in open court and, on the making of the order, persons who are not parties to the proceedings and not the parties' counsel, solicitors or representatives are, unless permitted to be present by the Court, excluded during the hearing of the application or the part of the application.
- '(1) In determining an application under this Division, the Supreme Court may –
- (a) affirm the declaration or requirement the subject of the notice;
(b) if satisfied that proper grounds for making the declaration or imposing the requirement do not exist – vary or quash the declaration or requirement; or
(c) remit the matter to the Minister for re-consideration,
- and make any other order or orders as to costs as it considers appropriate.
'(2) An order under subsection (1) quashing or varying a declaration or requirement may have effect from the date that the notice making the declaration or imposing the requirement took effect or from a later date as the Supreme Court considers just and specifies in the order.
- '(1) A notice making a declaration that is the subject of an application under section 104M continues to have effect during the conduct of the review.
'(2) The operation of a notice requiring a person to dispose of shares in a licensee or a notice declaring that shares in a licensee are forfeited to the Territory that is the subject of an application under section 104M ceases to have effect –
- (a) if there is the applicant and one other party only – on the day the application is served on the other party;
(b) if there is the applicant and more than one other party and the application is served on the other parties on the same day – on that day; or
(c) if there is the applicant and more than one other party and the application is served on the other parties on different days – on the last day on which the application is served,
Clause 105 negatived.
Insert after the heading to Part 10 the following:
- '105. Limitation of legal liability
- '(1) A person is not liable, and no civil or criminal proceeding lies against the person, for or in relation to any loss, damage or injury of any kind suffered by another person as a result of any of the following done in good faith:
(a) making a complaint under section 65;
(b) making a statement, providing any information, whether by answering a question or otherwise, or producing any document for the purposes of this Act, the Regulations or the Rules;
(c) making a report under this Act;
(d) providing a copy of a report to a person under this Act;
(e) doing or omitting to do an act or thing by a person in his or her capacity as inspector in the exercise or purported exercise of a power or the performance or purported performance of a function under this Act of an inspector;
(f) doing or omitting to do any other act in the exercise or purported exercise of a power or the performance or purported performance of a function under this Act or otherwise for the purposes of this Act.
'(2) The onus of proving a lack of good faith is on the person alleging it.'.
In Clause 108 omit subclause (2)(c).
In Clause 108 omit subclause (2)(d).
In Clause 108 omit subclause (2)(e).
In Clause 108 omit subclause (2)(f).
In Clause 108 insert in subclause (2)(h) 'and provide for payment of the costs associated with the conduct of arbitration' after 'Part 7'.
In Clause 108 omit from subclause (2)(j) 'under Part 8' and substitute 'and provide for payment of the costs associated with the conduct of a hearing, including enabling the authority to make orders as to the payment of costs'.
In Clause 108 omit subclause (2)(k) and substitute the following:
- '(k) prescribe circumstances when the authority may or must conduct a hearing;'.
In Clause 108 omit subclause (2)(m).
Add at the end the following:
- '(3) The Regulations may –
- (a) require a matter or thing referred to in the Regulations to be approved by or done to the satisfaction of the authority; and
(b) confer a discretion on the authority.'.
Bill, as amended, agreed to.
Bill to be reported with amendments.
Racing and Betting Amendment Bill (No. 2) 1999 (Serial 197):
Bill, by leave, taken as a whole.
The following amendments were taken together, by leave, and agreed to -
In Clause 5 omit from proposed section 4A(3) 'sections 89(4) and 90(8)' and substitute 'section 89A(3) and (8)'.
Insert after Clause 10 the following:
- '10A. Dissolution of registered club
- 'Section 38 of the Principal Act is amended by omitting subsection (7)(a) and substituting the following:
"(a) the Consolidated Fund;".'.
Clause 14 negatived.
Insert after clause 13 the following:
- '14. Applications for Licences
- 'Section 89 of the Principal Act is amended –
(a) by omitting from subsection (1) "may apply for a licence under this Part" and substituting ", other than a person who holds a licence under the Totalisator Licensing and Regulation Act, may apply under this section for a licence"; and
(b) by inserting before subsection (2)(a) the following:
"(aa) made to the Commission;".'.
Clause 15 negatived.
Insert after Clause 14 the following:
- '15. New section
- 'The Principal Act is amended by inserting after section 89 the following:
- "(1) In this section, 'authority' has the same meaning as in the Totalisator Licensing and Regulation Act.
"(2) A person who holds a licence under the Totalisator Licensing and Regulation Act may apply under this section for a licence to conduct the business of a sports bookmaker in premises specified in the application.
"(3) If a person referred to in subsection (2) is conducting or will conduct business under the licence held under the Totalisator Licensing and Regulation Act that would, but for the grant of that licence, be conducted under a licence granted under this Part, the person may, but is not required to, apply for a licence under subsection (2).
"(4) An application under subsection (2) is to –
- (a) be made to the authority;
(b) be in a form approved by the authority;
(c) be accompanied by –
- (i) the information required by the authority; and
(ii) the prescribed fee; and
"(6) The authority may do any of the following:
- (a) grant a licence applied for under subsection (2);
(b) renew or vary the licence under this Division;
(c) grant a special licence within the meaning of section 93 to the person to whom the authority granted the licence.
"(8) If a person who holds a licence under the Totalisator Licensing and Regulation Act applies for and is granted a licence under this Part –
- (a) this Act applies and the authority may exercise its powers and perform its functions under subsections (6) and (7) in respect of the licence only to the extent that there is no inconsistency between the operation of the Totalisator Licensing and Regulation Act and the operation of this Act; and
(b) in the event of an inconsistency between a term or condition of the licence held under the Totalisator Licensing and Regulation Act and the licence granted under this Part – the term or condition of the licence held under the Totalisator Licensing and Regulation Act is to be complied with.".'.
Insert after clause 16 the following:
- '16A. Recovery of dividends
- 'Section 115 of the Principal Act is amended by omitting from subsection (2) "Fund" and substituting "Consolidated Fund".'.
Bill, as amended, agreed to.
Bill to be reported with amendments.The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Mitchell) reported that the Committee had considered the following Bills and agreed to -
Totalisator Licensing and Regulation Bill 1999 (Serial 196), with amendments; and
Racing and Betting Amendment Bill (No. 2) 1999 (Serial 197).
On the motion of the Minister for Racing, Gaming and Licensing (Mr Baldwin) the Bills were read a third time and passed to be proposed laws.
- The Order of the Day having been read for the resumption of debate on the question – That the Assembly, pursuant to Section 18(1) of the Northern Territory Electoral Act, approve the distribution of the Territory into electoral divisions as proposed in the 2000 Report of the Distribution Committee.
Debate ensued.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -
AYES, 16 NOES, 6
Mr Adamson Mr Ah Kit
Mr Balch Mr Henderson
Mr Baldwin Mrs Hickey
Mrs Braham Ms Martin
Mr Burke Mr Stirling
Mr Carter Mr Toyne
Mr Dunham
Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
And so it was resolved in the affirmative.
Question – put and passed.
- The Leader of Government Business (Mr Palmer) moved – That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Nightcliff (Mr Hatton), by leave, laid on the Table the following Paper –
- Debate continued.
Question –put and passed.
And the Assembly adjourned at 21:05 h until 10:00 h on Tuesday 13 June 2000 or such other time and /or date as may be set by Mr Speaker, pursuant to Sessional Order.PAPERS TABLED:
The following Papers was deemed to have been presented on Thursday 18 May 2000 –
Annual Reports:
Jabiru Town Council, 1998/99, A Council inviting Community participation and involvement (Paper 1853)
Jabiru Town Development Authority, 1998/99 (Paper 1852)
Parole Board of the Northern Territory, pursuant to section 3H of the Parole of Prisoners Act, Year ending 31 December 1999 (Paper 1845)
Financial Statements:
Cobourg Peninsula Sanctuary and Marine Park Board, Year ended 30 June 1999 (Paper 1846)
Remuneration Tribunal:
Remuneration Tribunal Report and Recommendation No. 1 of 2000, Magistrates of the Northern Territory (Paper 1854)
Reports:
Report to the Legislative Assembly by Hon. Denis Burke, pursuant to Section 9.1(e) of the Remuneration Tribunal Determination 1999 – overseas travel entitlement (Paper 1844)
Report to the Legislative Assembly by Hon. Terry McCarthy, pursuant to Section 9.1(e) of the Remuneration Tribunal Determination 1999 – overseas travel entitlement (Paper 1858) ATTENDANCE:
All Members attended the sitting.
Ian McNeill
Clerk of the Legislative Assembly