Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1999-06-01

Eighth Assembly First Session 01/06/1999 Parliamentary Record No. 16
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Date : 01/06/1999
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1. MEETING:
    The Assembly met at 10.00 h, pursuant to resolution of the Assembly, dated Thursday 29 April 1999. The Speaker, the Honourable T R McCarthy, took the Chair.

2. PRAYERS.

3. DISTINGUISHED VISITOR:
      The Speaker (Mr McCarthy) drew attention to the presence in the gallery of the Honourable Bruce Reid, former House of Representatives Member for Bendigo and former Member of the Legislative Council of Victoria.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.

4. CONDOLENCE – MR LES DODD – MOTION AGREED TO:
    The Speaker (Mr McCarthy) advised Honourable Members of the death in April this year of Mr Les Dodd, an Official Member of the First and Second Legislative Councils. Mr Dodd was the last surviving Member of the first Legislative Council.

    The Chief Minister (Mr Burke), by leave, moved – That this Assembly express its deep regret at the death of Mr Les Dodd, an Official Member of the First and Second Legislative Councils and place on record its appreciation of his long and distinguished service to the people of the Northern Territory and tenders its profound sympathy to his family (Paper 1129).

    The Chief Minister (Mr Burke) addressed the Assembly.
    Question – put and passed.
    Motion agreed to.

    As a mark of respect Members stood in their places for a period of one minute, in silence.
5. PETITIONS:
      The Member for Stuart (Mr Toyne) presented a petition from 1639 petitioners requesting the Assembly to maintain bilingual programs in Northern Territory Schools (Paper 1130).
    Petition read.
    The Member for Katherine (Mr Reed) presented a petition from 753 petitioners requesting the Assembly to implement a reduction in takeaway alcohol trading hours in Katherine (Paper 1131).
    Petition read.

6. RESPONSE TO PETITIONS:
    The Clerk, pursuant to Standing Order 100A, laid on the Table responses to petitions Nos. 6 and 10, copies circulated to Members accordingly (Papers 1132 and 1133 respectively).
7. NOTICES:
    The following notices were given:
    Mr Burke: To present the Financial Sector Reform (Northern Territory) Bill 1999 (Serial 161).
    Mr Burke: To present the Sentencing Amendment Bill 1999 (Serial 162).
    Mr Burke: To present the Juvenile Justice Amendment Bill 1999 (Serial 163).
    Mr Burke: To present the Anti-Discrimination Amendment Bill 1999 (Serial 164).
    Ms Martin: To move –
                That, this Assembly call upon the Chief Minister to declare where he and the Country Liberal Party stand on the recommendations made in the report Building on Land Rights for the next generation: the review of the Aboriginal Land Rights (Northern Territory) Act 1976by John Reeves.
    Ms Martin: To move –
                That, this Assembly express concern at:

                  (a) the Federal Liberal Government’s attempts to outlaw compulsory student unionism; and

                  (b) the detrimental effect such a move will have on students receiving the benefit of a wide range of essential services currently provided.
    Ms Martin: To move –
                That, this Assembly condemn the Country Liberal Party's failure to establish a fair, transparent and consistent planning regime to appropriately accommodate the aspirations of the Territory community or the needs of developers.
8. QUESTIONS:
    10:11 Ms Martin to Mr Burke.
    10:15 Mr Mitchell to Mr Burke.
    10:18 Ms Martin to Mr Burke.
    10:22 Mr Balch to Mr Reed.
    Distinguished visitor: The Speaker (Mr McCarthy) drew attention to the presence in the Speaker’s Gallery of Senator Trish Crossin, Senator for the Northern Territory.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.

    10:28 Mr Toyne to Mr Reed.
    10:31 Mr Lugg to Mr Burke.
    10:41 Ms Martin to Mr Burke.
    10:47 Mr Elferink to Mr Burke.
    10:52 Mr Toyne to Mr Burke.
    10:55 Dr Lim to Mr Adamson.
    1057 Ms Martin to Mr Dunham.
    10:59 Mr Balch to Mr Baldwin.

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

9. FOUNDATIONS FOR OUR FUTURE – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
    The Chief Minister (Mr Burke) made a statement relating to the Foundations for our Future in the Northern Territory (Paper 1134).
    Mr Burke moved - That the Assembly take note of the Statement.
    Debate ensued.
    On the motion of the Treasurer (Mr Reed) debate was adjourned.
    ____________________

    Suspension of sitting: The sitting was suspended between 11:55h and 14:33h.
    ____________________
      10. PORT OF DARWIN, FULL STEAM AHEAD FOR 2000 – MINISTERIAL STATEMENT – STATEMENT NOTED:
    The Minister for Territory Ports (Mr Coulter) made a statement relating to the development of the Port of Darwin (Paper 1135).
    Mr Coulter moved – That the Assembly take note of the Statement.
    Debate ensued.
    Paper tabled: Mr Coulter laid on the Tabled the following Paper –
Flow Chart, Port of Darwin – Australia’s Natural Northern Gateway Port (Paper 1140).
    Debate continued.
    Question – put and passed.

11. PAY-ROLL TAX AMENDMENT BILL 1999 (Serial 156):
    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.

    In Committee
    (Deputy Chairman - Mr Balch)
    Clauses 1 to 3, by leave, taken together and agreed to.
    Clause 4 read.
    On the motion of Treasurer (Mr Reed) the following amendment was agreed to -
    Omit paragraph (b) of the proposed definition of 'employer' in paragraph (a) and substitute the following:

        '(b) a Government Business Division within the meaning of section 3(1) of the Financial Management Act, other than a Government Business Division that is declared by regulation not to be an employer for the purposes of this Act;'.
    Clauses 5 to 30, by leave, taken together and agreed to.
    New clause 31 –
    On the motion of Mr Reed the following new clause 31 was inserted in the Bill –

      “31. Contributions prepaid before commencement of this Act

          “(1) If the Commissioner considers that a thing done on or after 27 April 1999 but before 1 July 1999 amounts to the prepayment of a contribution referred to in section 3A of the amended Act, for the purposes of that Act, the Commissioner may determine that the thing is to be treated as if it had been done on 1 July 1999 and the amended Act applies accordingly.

          “(2) A thing done on or after 27 April 1999 but before 1 July 1999 amounts to the prepayment of a contribution referred to in section 3A of the amended Act if, had it been done on 1 July 1999, the thing would have resulted in an amount being taken to be a superannuation benefit by virtue of section 3A of that Act (having regard to clause 6 of the Schedule to that Act).

          “(3) In this section, "amended Act" means the Principal Act as amended by this Act.”.

    Title agreed to.
    Bill to be reported with amendments.
    The Assembly resumed, the Deputy Chairman (Mr Balch) reported accordingly and the report was adopted.
    On the motion of the Treasurer (Mr Reed) the Bill was read a third time and passed to be a proposed law.

12. BATCHELOR INSTITUTE OF INDIGENOUS TERTIARY EDUCATION BILL 1999 (Serial 152):
    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.
    Paper tabled: The Member for Stuart (Mr Toyne) laid on the Table the following Paper –
Newsletter, Batchelor Business, dated April 1999 (Paper 1141).

    Debate continued.
    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 Minister for School Education (Mr Adamson) the Bill was read a third time and passed to be a proposed law.
13. PUBLIC ACCOUNTS COMMITTEE, REPORT NO. 33 – REPORT ON THE AUDITOR –GENERAL’S MID YEAR REPORT AND END OF FINANCIAL YEAR REPORTS 1995-96 TO 1998 – FEES, FINES AND OUTSTANDING DEBTS – MOTION TO NOTE PAPER:
    The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Report –
    Debate ensued.
    On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.
14. ALTERATION OF BUSINESS:
    The Leader of Government Business (Mr Coulter) moved – That Government Business, Notices relating to:
Financial Sector Reform (Northern Territory) Bill 1999 (Serial 161);
Anti-Discrimination Amendment Bill 1999 (Serial 164);
Sentencing amendment Bill 1999 (Serial 162); and
Juvenile Justice Amendment Bill 1999 (Serial 163),
    be called on forthwith, in that order.
    Question – put and passed.
      15. FINANCIAL SECTOR REFORM (NORTHERN TERRITORY) BILL 1999 (Serial 161):
    The Treasurer (Mr Reed), on behalf of and at the request of the Chief Minister (Mr Burke), pursuant to notice, presented a Bill for an Act to make provision for the reform of the financial sector, to repeal the Financial Institutions (NT) Act, the Friendly Societies (NT) Act and the Financial Institutions (Territory Supervisory Authority) Act and for other purposes.
    Bill read a first time.
    Mr Reed moved – That the Bill be now read a second time.
    On the Motion of the Member for Wanguri (Mr Bailey) debate was adjourned.
      16. ANTI-DISCRIMINATION AMENDMENT BILL 1999 (Serial 164):
    The Treasurer (Mr Reed), on behalf of and at the request of the Chief Minister (Mr Burke), pursuant to notice, presented a Bill for an Act to amend the Anti-Discrimination Act.
    Bill read a first time.
    Mr Reed moved – That the Bill be now read a second time.
    On the Motion of the Member for Wanguri (Mr Bailey) debate was adjourned.
      17. SENTENCING AMENDMENT BILL 1999 (Serial 162) and JUVENILE JUSTICE AMENDMENT BILL 1999 (Serial 163):
    Suspension of Standing Orders: The Treasurer (Mr Reed) moved - That so much of Standing Orders be suspended as would prevent two Bills, namely the Sentencing Amendment Bill 1999 (Serial 162) and Juvenile Justice Amendment Bill 1999 (Serial 163) –

      (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 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.
    The Treasurer (Mr Reed), on behalf of and at the request of the Chief Minister (Mr Burke), pursuant to notice, presented a Bill for an Act to amend the Sentencing Act and a Bill for an Act to amend the Juvenile Justice Act.
    Bills read a first time.
    Mr Reed moved – That the Bills be now read a second time.
    On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.
      18. ADJOURNMENT:
    The Treasurer (Mr Reed) moved – That the Assembly do now adjourn.
    Debate ensued.
    Question – put and passed.
    And the Assembly adjourned at 17:14h until 10:00h on Wednesday 2 June 1999.
    PAPERS:
    The following Papers were deemed to have been presented on Tuesday 1 June 1999 -

    Regulations 1999:
    No. 16, Trans-Tasman Mutual Recognition (Temporary Exemptions) Regulations Repeal Regulation (Paper 1136)
    No. 17, Amendment of Pastoral Land Regulations (Paper 1137)
    No. 18, Amendment of Registration of Interests in Motor Vehicles and Other Goods Regulations (Paper 1138)
    No. 19, Amendments of Mining Regulations (Paper 1139)
      Legal and Constitutional Affairs Committee:Inquiry into measures to facilitate Statehood:Written Submissions:
    No. 1, John Vander-Wal, date received 28.10.98 (Paper 1142)
      No. 2, B Scobie, date received 29.10.98 (Paper 1143)
    No. 3, G Heinze, date received 29.10.98 (Paper 1144)
    No. 4, Mr C M Friel, date received 29.10.98 (Paper 1145)
    No. 5, Bruce W Strong, date received 05.11.98 (Paper 1146)
      No. 6, Graham Lightbody, date received 05.11.98 (Paper 1147)
    No. 7, Gary Cartwright, date received 05.11.98 (Paper 1148)
    No. 8, Ros Macmillan, date received 23.11.98 (Paper 1149)
    No. 9, David Collins, date received (Paper 1150)
    No. 10, Tony Tapsell, date received 18.11.98 (Paper 1151)
    No. 11, Bruce W Strong, date received 18.11.98 (Paper 1152)
    No. 12, C Middleton, date received 09.11.98 (Paper 1153)
    No. 13, Kevin Griffith, date received 18.11.98 (Paper 1154)
    No. 14, Tim Bickmore, date received 08.11.98 (Paper 1155)
    No. 15, Jingili Electorate Office, date received (Paper 1156)
    No. 16, Gordo Harris, date received 19.11.98 (Paper 1157)
    No. 17, Patrick Somers, date received 18.11.98 (Paper 1158)
    No. 18, Fr Tony Papps, date received 18.11.98 (Paper 1159)
    No. 19, Shirley McKerrow, date received 18.11.98 (Paper 1160)
    No. 20, Rosemary Peacock, date received 18.11.98 (Paper 1161)
    No. 21, Brian Kretser, date received 18.11.98 (Paper 1162)
    No. 22, Kenneth Brown, date received 18.11.98 (Paper 1163)
    No. 23, Janet Crews, date received 20.11.98 (Paper 1164)
    No. 24, M Hindle, date received 18.11.98 (Paper 1165)
    No. 25, Lloyd and Win Kent, date received 18.11.98 (Paper 1166)
    No. 26, Sam Calder, date received 18.11.98 (Paper 1167)
    No. 27, C E Jefferies, date received 18.11.98 (Paper 1168)
    No. 28, Christine Fletcher, date received 18.11.98 (Paper 1169)
    No. 29, Iain Summers, date received 18.11.98 (Paper 1170)
    No. 30, Julian Swinstead, date received 18.11.98 (Paper 1171)
    No. 31, Deidre Allen, date received 18.11.98 (Paper 1172)
    No. 32, E B M James, date received 18.11.98 (Paper 1173)
    No. 33, Mark Crossin, date received 18.11.98 (Paper 1174)
    No. 34, Anonymous, date received 18.11.98 (Paper 1175)
    No. 35, Louise Finch, date received 18.11.98 (Paper 1176)
    No. 36, Stuart McMillan, date received 18.11.98 (Paper 1177)
    No. 37, Senator Andrew Murray, date received (Paper 1178)
    No. 38, Thomas Kiely, date received 20.11.98 (Paper 1179)
    No. 39, Rod Throwbridge, date received 18.11.98 (Paper 1180)
    No. 40, John Reeves, date received 23.11.98 (Paper 1181)
    No. 41, Chris Lugg, MLA, date received 29.3.99 (Paper 1182)
    No. 42, P J Bosmajian, date received 23.11.98 (Paper 1183)
    No. 43, Dr Charlie Carter, date received 11.11.98 (Paper 1184)
    No. 44, Graham Pearce, date received 11.11.98 (Paper 1185)
    No. 45, William Chambers, date received 23.11.98 (Paper 1186)
    No. 46, Bill Freeland, date received 24.11.98 (Paper 1187)
    No. 47, Fr B Healey, date received 26.11.98 (Paper 1188)
    No. 48, Janet Crews, date received 26.11.98 (Paper 1189)
    No. 49, Peter Carew, date received 26.11.98 (Paper 1190)
    No. 50, Lester Kerber, date received 4.12.98 (Paper 1191)
    No. 51, Karl Kramer, date received 4.12.98 (Paper 1192)
    No. 52, T Creed Lovegrove, date received 9.12.98 (Paper 1193)
    No. 53, Anonymous, date received 7.12.98 (Paper 1194)
    No. 54, Ted Dunstan, date received 7.12.98 (Paper 1195)
    No. 55, Pamela Riscui, date received 10.12.98 (Paper 1196)
    No. 56, Noel Hayes, date received 10.12.98 (Paper 1197)
    No. 57, Dr P D Kruse, date received 7.12.98 (Paper 1198)
    No. 58, Col Friel, date received 7.12.98 (Paper 1199)
    No. 59, Jeff Hoare, date received 7.12.98 (Paper 1200)
    No. 60, Anne Marie Wylie, date received 11.12.98 (Paper 1201)
    No. 61, Ted Dunstan, date received 15.12.98 (Paper 1202)
    No. 62, Sean Kirby, date received 4.1.99 (Paper 1203)
    No. 63, Rob Hitchcock, date received 13.1.99 (Paper 1204)
    No. 64, Charles Taylor, date received 19.1.99 (Paper 1205)
    No. 65, Michael Kilgariff, date received (Paper 1206)
    No. 66, Kevin Leitch, date received (Paper 1207)
    No. 67, Peter Blake, date received (Paper 1208)
    No. 68, John Antella, date received (Paper 1209)
    No. 69, Earl James, date received (Paper 1210)
    No. 70, George Brown, date received (Paper 1211)
    No. 71, Gabriele Driver, date received (Paper 1212)
    No. 72, Paul Harris, date received 16.2.99 (Paper 1213)
    No. 73, Chris Leeson, date received (Paper 1214)
    No. 74, Gerry Wood, date received (Paper 1215)
    No. 75, Carl Cossill, date received (Paper 1216)
    No. 76, C M Friel, date received (Paper 1217)
    No. 77, Matt Brazier, date received 1.3.99 (Paper 1218)
    No. 78, Jim Forscutt, date received (Paper 1219)
    No. 79, Ronnie Barramala, date received 3.3.99 (Paper 1220)
    No. 80, Tom Harris, date received (Paper 1221)
    No. 81, M A Clinch, date received (Paper 1222)
    No. 82, Carrie Altamura, date received (Paper 1223)
    No. 83, John Vander-Wal, date received (Paper 1224)
    No. 84, Peter Poole, date received 26.3.99 (Paper 1225)
    No. 85, Josie Crawshaw, date received 1.4.99 (Paper 1226)
    No. 86, Daryl Manzie, date received 6.4.99 (Paper 1227)
    No. 87, Barry Coulter, date received 7.9.99 (Paper 1228)

    Legal and Constitutional Affairs Committee – Inquiry into measures to facilitate Statehood - Transcripts:
    Batchelor - Public Meeting, 29 October 1998 (Paper 1229)
    Bees Creek - Public Meeting, 30 October 1998 (Paper 1230)
    Yulara - Public Meeting, 10 November 1998 (Paper 1231)
    Meeting with Tangentyere Council and Meeting with Central Australian Tourism Industry Association Alice Springs - Public Meeting, 11 November 1998 (Paper 1232)
    Meeting with Waanyi Garawa Land Trust Association Tennant Creek Public Meeting, 12 November 1998 (Paper 1233)
    Meeting with Elliott Community Government Council, 13 November 1998 (Paper 1234)
    Katherine – Individual Meetings, 17 November 1998 (Paper 1235)
    Pine Creek - Public Meeting, 18 November 1998 (Paper 1236)
    Darwin - Individual Meetings:
      Darwin - Public Meeting, 7 December 1998 (Paper 1237)
      Darwin - Public Meeting, 4 February 1999 (Paper 1238)
      Nightcliff - Public Meeting, 8 February 1999 (Paper 1239)
      Casuarina - Public Meeting, 9 February 1999 (Paper 1240)
      Sanderson - Public Meeting, 10 February 1999 (Paper 1241)
      Howard Springs - Public Meeting, 19 February 1999 (Paper 1242)
      Humpty Doo - Public Meeting, 22 February 1999 (Paper 1243)
      Darwin - Individual Meetings, 26 February 1999 (Paper 1244)
    Angurugu - Meeting with Community Umbakumba - Meeting with Community Alyangula - Public Meeting, 1 March 1999 (Paper 1245)
    Yirrkala - Meeting with Community Nhulunbuy - Meeting with Mr Trevor Webb Nhulunbuy - Public Meeting, 2 March 1999 (Paper 1246)
    Milingimbi - Meeting with Community Ramingining - Meeting with Community, 3 March 1999 (Paper 1247)
    Maningrida - Meeting with Community Minjilang - Meeting with Community, 4 March 1999 (Paper 1248)
    Nguiu - Meeting with Community Pirlangimpi - Meeting with Council (included representatives from Milikapiti), 5 March 1999 (Paper 1249)
    Daly River - Meeting with Community Port Keats - Meeting with Community Timber Creek - Public Meeting, 8 March 1999 (Paper 1250)
    Katherine - Public Meeting, 9 March 1999 (Paper 1251)
    Barunga - Meeting with Community Bulman - Meeting with Community, 10 March 1999 (Paper 1252)
    Ngukkur - Meeting with Community Borroloola - Public Meeting, 11 March 1999 (Paper 1253)
    Meeting with Mabunji Resource Association, Borroloola, 12 March 1999 (Paper 1254)
    Meeting with Alpurrurulam Community Government Council, Lake Nash, 15 March 1999 (Paper 1255)
    Meeting with Mutitjulu Community, 16 March 1999 (Paper 1256)
    Papunya - Meeting with Community Yuendumu - Meeting with Community Government Council, 17 March 1999 (Paper 1257)
    Utopia - Meeting with Urapuntja Council Santa Teresa - Meeting with Ltyentye Purte Community Government Council, 18 March 1999 (Paper 1258)
    Hermannsburg - Meeting with Community, 19 March 1999 (Paper 1259)
    Darwin - Meeting with Mr Lex Silvester Darwin - Meeting with Ethnic Community Council, 24 March 1999 (Paper 1260)
    Jabiru - Meeting with Jabiru Town Council Jabiru - Public Meeting, 25 March 1999 (Paper 1261)
    Darwin - Meeting with Territorians for Democratic Statehood, 1 April 1999 (Paper 1262)
    Alice Springs - Meeting with Batchelor Indigenous Convention Committee, 24 April 1999 (Paper 1263)
      ATTENDANCE:
    All Members attended the sittings.
Last updated: 04 Aug 2016