Minutes of Proceedings - 1992-05-21
Sixth Assembly First Session 12/05/1992 Parliamentary Record No. 10
__________________________________________________________________________________
Date : 21/05/1992__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. PETITION:
Mr Cartwright presented a petition from 28 citizens of the Northern Territory requesting the Assembly
to inquire into the deaths of 300 marine turtles in Fogg Bay.
Petition read.
4. QUESTIONS:
Questions were asked of Ministers.
Papers tabled: The Minister for Transport and Works (Mr Finch) laid on the Table the following Papers -
State Square Development, Project Costs, dated 20 May 1992; and
State Square Development, Project Costs, dated 12 August 1991.
Further questions were asked of Ministers.
A supplementary answer was given by the Attorney-General (Mr Manzie) to a question asked by the
Member for Macdonnell (Mr Bell) this day.
Paper tabled: Mr Manzie laid on the Table the following Paper -
Copy of Reference for Mr Peter Graham Woods signed by the Hon. Daryl Manzie, Attorney-General, dated March 1990.
5. PERSONAL EXPLANATION:
The Attorney-General (Mr Manzie), by leave, made a personal explanation relating to a question asked of him by the
Member for Macdonnell (Mr Bell) this day.
6. PERSONAL EXPLANATION:
The Member for Macdonnell (Mr Bell), by leave, made a personal explanation relating to comments made by the
Attorney-General (Mr Manzie) earlier this day.
7. WOMEN IN TAFE - PAPERS TABLED - PAPERS NOTED:
The Minister for Education (Mr Stone) laid on the Table the following Papers -
Northern Territory Strategy for Implementation of the National Plan of Action
for Women in TAFE, Department of Education, Darwin 1992; and
Women and TAFE, A National Plan of Action, Department of Employment,
Education and Training, Canberra, October 1991.
Page 383
Mr Stone made a statement relating thereto.
Mr Stone moved - That the Assembly take note of the Papers.
Question - put and passed.
8. FIGHTBACK! IN THE NORTHERN TERRITORY - MINISTERIAL STATEMENT - PAPERS TABLED -
MOTION TO NOTE STATEMENT:
The Treasurer (Mr Coulter) made a statement relating to the likely effects of the Federal Coalition's "Fightback!"
package in the Northern Territory.
Papers tabled: Mr Coulter laid on the Table the following Papers -
Tax Reform: What's in it for the Territory? A Broad Assessment of the Case for Indirect Tax Reform, including the
Introduction of a Goods and Services Tax, and its General Implications for the Northern Territory, dated February 1992.
The Impact of a Goods and Services Tax on the Northern Territory, Administrative and Practical Aspects, Report prepared
by Mr Michael B. Evans, KPMG Peat Marwick, dated February 1992;
Report on the Impact on the Territory of the Fightback! Proposals, Northern Territory Treasury, dated May 1992; and
Briefing Papers provided to the Commonwealth Treasurer on the Opposition's Taxation and Expenditure Proposals
(from 19 November to 17 December 1991), Tabled by the Treasurer the Hon. John Dawkins, MP, dated March 1992.
Mr Coulter moved - That the Assembly take note of the Statement.
____________________
Suspension of sitting: The sitting was suspended between 11.59 a.m. and 2.00 p.m.
____________________
Debate ensued.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
Attachment 1, Figure 1, Number of Winners and Losers by Household Type.
Debate continued.
Papers tabled: The Minister for Transport and Works (Mr Finch) laid on the Table the following Papers -
Education and Training - Comparison of "Fightback!" and "One Nation" Policies;
Attachment B, Estimated Tax and User Charge Components in Road Train Operating Costs; and
Attachment C, "Fightback!" Reform Package Typical Northern Territory Road Train Operation.
Debate continued.
The Leader of Government Business (Mr Setter) moved - That the debate be adjourned -
Question - put.
Page 384
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 13 NOES, 10
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Collins
Mr Hatton Mr Ede
Mr Manzie Mrs Hickey
Mr McCarthy Mr Lanhupuy
Mr Ortmann Mrs Padgham-Purich
Mr Palmer Mr Parish
Mr Perron Mr Stirling
Mr Poole Mr Tipiloura
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
9. NORTHERN TERRITORY UNIVERSITY AND "FIGHTBACK!" - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
The Minister for Education (Mr Stone) made a statement relating to the development of the Northern Territory University
and the impact of the Coalition's "Fightback!" package on higher education.
Mr Stone moved - That the Assembly take note of the Statement.
Debate ensued.
On the motion of the Leader of Government Business (Mr Setter) debate was adjourned.
10. STATUTE LAW REVISION BILL 1992 (Serial 147):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to revise and correct the law of
the Territory in minor respects.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
11. CRIMINAL CODE AMENDMENT BILL (No.2) 1992 (Serial 149):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
12. REGISTRATION AMENDMENT BILL 1992 (Serial 150):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Registration Act
and to validate the collection of certain fees and levies by the Registrar-General.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
Page 385
13. LIQUOR AMENDMENT BILL (No.2) 1992 (Serial 151):
The Chief Minister (Mr Perron), pursuant to notice, presented a Bill for an Act to amend the Liquor Act.
Bill read a first time.
Mr Perron 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.
14. DISCHARGE OF BUSINESS:
The Chief Minister (Mr Perron) moved - That the following Government Business, Order of the Day be discharged
from the Notice Paper -
No.10 - Firearms Bill 1991 (Serial 98).
Question - put and passed.
15. FIREARMS BILL 1992 (Serial 152); and POLICE ADMINISTRATION AMENDMENT BILL (No.2) 1992 (Serial 153):
Suspension of Standing Orders: The Chief Minister (Mr Perron) moved -
That so much of Standing Orders be suspended as would prevent two Bills, the Firearms Bill 1992 (Serial 152); and the
Police Administration Amendment Bill (No.2) 1992 (Serial 153) -
(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 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 Perron, by leave, presented a Bill for an Act relating to firearms; and a Bill for an Act to amend the Police Administration Act .
Bills read a first time.
Mr Perron moved - That the Bills be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
16. ROYAL COMMISSION INTO ABORIGINAL DEATHS IN CUSTODY - NORTHERN TERRITORY AND NATIONAL RESPONSES - MINISTERIAL STATEMENT - PAPERS TABLED - MOTION TO NOTE STATEMENT AND PAPERS:
The Chief Minister (Mr Perron) made a statement relating to the detailed responses made by the Commonwealth, State and
Territory Governments to the recommendations of the Royal Commission into Aboriginal Deaths in Custody.
Papers tabled: Mr Perron laid on the Table the following Papers -
Aboriginal Deaths in Custody - Overview of the Response by Governments to the Royal Commission; and
Aboriginal Deaths in Custody - Response by Governments Volumes 1, 2 and 3.
Mr Perron moved - That the Assembly take note of the Statement and Papers.
Page 386
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
17. SPECIAL ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly at its rising adjourn until Tuesday 11 August 1992
at 10.00 a.m. or such other time and/or date as may be set by Mr Speaker, pursuant to Sessional Order.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit "Tuesday 11 August 1992" and insert in its stead "Tuesday 30 June 1992".
Debate ensued.
The Leader of Government Business (Mr Setter) moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the amendment be agreed to - put and negatived.
Question - That the motion be agreed to - put and passed.
18. POLICE ADMINISTRATION AMENDMENT BILL 1992 (Serial 109):
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 Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Chairman - Mr Poole)
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
The Chief Minister (Mr Perron) moved the following amendment -
Insert after paragraph (b) the following:
"(ba) by omitting from subsection (2) paragraph
(d) and substituting the following:
'(d) the offence was committed in the Territory,
and the person shall not be granted bail under Part III
or section 33 of the Bail Act while so detained,
whether or not he or she has been charged with an
offence.'; and".
Debate ensued.
Mr Perron moved - That the Committee do report progress and ask leave to sit again.
Question - put and passed.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
The Chief Minister (Mr Perron) moved - That the Committee have leave to sit again at a later hour.
Question - put and passed.
Page 387
19. TRAFFIC AMENDMENT BILL 1991 (Serial 120); and MOTOR VEHICLES AMENDMENT BILL 1992 (Serial 126):
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, according to Order, resolved itself into Committee of the Whole for the consideration of the Bills.
____________________
In the Committee
(Chairman - Mr Poole)
Traffic Amendment Bill 1991 (Serial 120):
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Minister for Transport and Works (Mr Finch) the following amendment was agreed to -
Omit from proposed subsection (6) "A person shall not" and insert in its stead "Except as prescribed,
a person shall not, on and from a date specified by the Minister by notice in the Gazette,".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from proposed subsection (7) "purpose being taught" and insert in its stead "purpose of being taught".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from proposed subsection (9)(b)(ii) all words after "are being conveyed" and insert in their stead
"and on which signs are required to be affixed in accordance with regulation 59 of the Dangerous Goods
Regulations;".
Clause 4, as amended agreed to.
Clauses 5 and 6, by leave, taken together and agreed to.
On the motion of Mr Finch the following new clause was inserted in the Bill -
"6A. DRIVING WHILE NOT LICENSED
"Section 32(1)(a) of the Principal Act is amended by omitting all words after subparagraph (iii) and
substituting the following:
'(iv) is temporarily in the Territory and holds a licence or permit (however referred to)
granted in the country or the State or other Territory of the Commonwealth in
which that person usually resides which permits the person to drive a motor vehicle
to gain experience for the purpose of obtaining a licence to drive a motor vehicle,
Page 388
and is driving in accordance with the conditions, if any, of the licence or permit, and the
motor vehicle is one which the person is permitted by the licence or permit to drive;
or'.".
On the motion of Mr Finch the following further new clause was inserted in the Bill -
"6B. NEW SECTION
"The Principal Act is amended by inserting after section 47 the following:
'48. LIABILITY OF INSURERS UNDER POLICIES OF INSURANCE
'(1) The fact that a person has undergone a breath test, submitted to a breath analysis or given a
sample of blood for a blood test, the result of a breath test, breath analysis or blood test or the
fact that a person has been convicted of an offence under section 19 (other than subsection (1)) or
20 is not, for the purposes of a contract of insurance, admissible as evidence of the fact that that person
was at any time under the influence of or in any way affected by intoxicating liquor or incapable of
driving or of exercising effective control over a motor vehicle, but nothing in this subsection
precludes the admission of any other evidence to show any such fact.
'(2) A reference in a contract of insurance to a concentration of alcohol equal to or exceeding that
prohibited by a law applicable in a State or Territory, or words to that effect, shall be construed, for
the purposes of the contract of insurance, as a reference to the concentration specified in section 19(2).
'(3) Subsections (1) and (2) have effect notwithstanding anything contained in a contract of
insurance and a covenant, term, condition or provision of a contract of insurance, to the extent
that the operation of this section is excluded, limited, modified or restricted, is void.'.".
Clause 7 agreed to.
Title agreed to.
Bill to be reported with amendments.
Motor Vehicles Amendment Bill 1992 (Serial 126):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
____________________
The Deputy Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had
considered the Bills and agreed to the Traffic Amendment Bill 1991 (Serial 120) with amendments and the Motor
Vehicles Amendment Bill 1992 (Serial 126) without amendment; and the report was adopted.
Mr Finch moved - That the Bills be now read a third time.
Debate ensued.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
Page 389
The Scientific Basis for our Drink-Driving Laws by Greg Chesher.
Debate continued.
Personal explanation: Mr Bailey, pursuant to Standing Order 54, made a personal explanation.
Question - put and passed.
The Bills were read a third time and passed to be proposed laws.
20. POLICE ADMINISTRATION AMENDMENT BILL 1992 (Serial 109):
The order of the day having been read for the further consideration of the Bill in Committee of the Whole -
The Assembly, according to order, resolved itself into Committee of the Whole.
____________________
In the Committee
(Chairman - Mr Poole)
Consideration resumed of clause 5 and of the following amendment moved thereto by the Chief Minister (Mr Perron) -
Insert after paragraph (b) the following:
"(ba)by omitting from subsection (2) paragraph (d) and substituting the following:
'(d) the offence was committed in the Territory,
and the person shall not be granted bail under Part III or section 33 of the Bail Act while so detained,
whether or not he or she has been charged with an offence.'; and".
Amendment agreed to.
Clause 5, as amended, agreed to.
Clause 6 agreed to.
Clause 7 read.
On the motion of Mr Perron the following amendment was agreed to -
Omit from proposed section 142(1) "subsection (2)" and insert in its stead "section 143".
On the motion of Mr Perron the following further amendment was agreed to -
Omit from proposed section 142 subsection (2).
On the motion of Mr Perron the following further amendment was agreed to, after debate -
Add at the end the following:
"143. CERTAIN EVIDENCE MAY BE ADMITTED
"A court may admit evidence to which this Division applies even if the requirements of this Division have
not been complied with, or there is insufficient evidence of compliance with those requirements, if,
having regard to the nature of and the reasons for the non-compliance or insufficiency of evidence and any
Page 390
other relevant matters, the court is satisfied that, in the circumstances of the case, admission of the
evidence would not be contrary to the interests of justice.".
Clause 7, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
On the motion of the Chief Minister (Mr Perron) the Bill was read a third time and passed to be a proposed law.
21. FINANCIAL INSTITUTIONS (NT) BILL 1992 (Serial 141); FINANCIAL INSTITUTIONS (TERRITORY SUPERVISORY AUTHORITY)
BILL 1992 (Serial 142); FINANCIAL INSTITUTIONS (NT) (CONSEQUENTIAL AMENDMENTS) BILL 1992 (Serial 143); CREDIT
UNIONS ACT REPEAL BILL 1992 (Serial 144); and INTERPRETATION AMENDMENT BILL 1992 (Serial 145):
Suspension of Standing Orders: The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be
suspended as would prevent the Financial Institutions (NT) Bill 1992 (Serial 141); the Financial Institutions
(Territory Supervisory Authority) Bill 1992 (Serial 142); the Financial Institutions (NT) (Consequential Amendments)
Bill 1992 (Serial 143); the Credit Unions Act Repeal Bill 1992 (Serial 144); and the Interpretation Amendment Bill
1992 (Serial 145) passing through all stages at this sitting.
Question - put and passed - there being an absolute majority of the whole number of Members present and no
dissentient voice.
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, according to Order, resolved itself into Committee of the Whole for the consideration of the Bills.
____________________
In the Committee
(Chairman - Mr Poole)
Financial Institutions (NT) Bill 1992 (Serial 141):
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendments, by leave, were taken together and
agreed to -
Omit from clause 13 subclause (2) "Except as provided in subsection (3), nothing" and insert in its stead "Nothing".;
and
Omit subclause (3).
Bill, as amended, agreed to.
Bill to be reported with amendments.
Page 391
Financial Institutions (Territory Supervisory Authority)
Bill 1992 (Serial 142):
Bill, by leave, taken as a whole.
On the motion of Mr Manzie the following amendments, by leave, were taken together and agreed to -
Omit clause 2 and insert in its stead the following:
"2. COMMENCEMENT
"This Act shall come into operation on assent.". ; and
Add at the end of Clause 5 the following:
"(3) The Authority is an exempt public authority within the meaning of the Corporations Law.".
Bill, as amended, agreed to.
Bill to be reported with amendments.
Financial Institutions (NT) (Consequential Amendments) Bill 1992 (Serial 143):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Credit Unions Act Repeal Bill 1992 (Serial 144):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Interpretation Amendment Bill 1992 (Serial 145):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the
Bills and agreed to the Financial Institutions (NT) Bill 1992 (Serial 141) and the Financial Institutions (Territory Supervisory
Authority) Bill 1992 (Serial 142) with amendments; and the Financial Institutions (NT) (Consequential Amendments) Bill 1992
(Serial 143); the Credit Unions Act Repeal Bill 1992 (Serial 144); and the Interpretation Amendment Bill 1992 (Serial 145)
without amendment; and the report was adopted.
On the motion of the Attorney-General (Mr Manzie) the Bills were read a third time and passed to be proposed laws.
22. SUPPLY BILL 1992-93 (Serial 140):
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 Treasurer (Mr Coulter) the Bill was read a third time and passed to be a proposed law.
Page 392
23. AVIATION ACT REPEAL BILL 1992 (Serial 139):
Suspension of Standing Orders - Pass through all stages: The Minister for Transport and Works (Mr Finch) moved - That so
much of Standing Orders be suspended as would prevent the Aviation Act Repeal Bill 1992 (Serial 139) passing through all
stages at this sitting.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
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 Mr Finch the Bill was read a third time and passed to be a proposed law.
24. COMMERCIAL PASSENGER (ROAD) TRANSPORT AMENDMENT BILL 1992 (Serial 148):
Suspension of Standing Orders - Pass through all stages: The Minister for Transport and Works (Mr Finch) moved - That so
much of Standing Orders be suspended as would prevent the Commercial Passenger (Road) Transport Amendment Bill 1992
(Serial 148) passing through all stages at this sitting.
Question - put and passed - there being an absolute majority of the whole number of Members present and no
dissentient voice.
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 Mr Finch the Bill was read a third time and passed to be a proposed law.
25. PUBLIC ACCOUNTS COMMITTEE - REPORT ON THE AUDITOR-GENERAL'S REPORTS 1989-90 - PAPER TABLED -
PAPER PRINTED - MOTION TO NOTE PAPER:
The Chairman of the Public Accounts Committee (Mr Palmer) laid on the Table the Report of the Public Accounts
Committee on the Auditor- General's Reports 1989-90, Report No.16, dated May 1992.
Mr Palmer moved - That the Report be printed.
Question - put and passed.
Mr Palmer moved - That the Assembly take note of the Report.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
26. SUBORDINATE LEGISLATION AND TABLED PAPERS COMMITTEE, SEVENTH REPORT:
The Chairman of the Subordinate Legislation and Tabled Papers Committee (Mr Setter) laid on the Table the Seventh Report
of the Subordinate Legislation and Tabled Papers Committee.
27. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Papers -
Page 393
Press Release, "Power at Papunya", by Ms Alison Anderson, Administration Officer, Papunya Council,
dated 18 May 1992;
Open Letter to the Hon. Fred Finch, MLA from Ms Alison Anderson, Council Administrator, Papunya, undated;
Press Release, "Finch hides behind parliaments skirts", by Mr Neil Bell, MLA, undated; and
Letter, Mr I.V. Knight, Ombudsman to Mr N.R. Bell, MLA, dated 21 May 1992.
Debate continued.
Question - put and passed.
The Assembly adjourned at 10.54 p.m. until Tuesday 11 August 1992 at 10.00 a.m. or such other time and/or date as may be
set by the Speaker, pursuant to Sessional Order.
====================
PAPERS:
The following Papers were deemed to have been presented on Thursday 21 May 1992:
Annual Reports:
Alice Springs College of TAFE, 1990
Batchelor College, 1990
Northern Territory Architects Board, 1988-89
Northern Territory Architects Board, 1989-90
Northern Territory Architects Board, 1990-91
Northern Territory Open College of TAFE, 1990
Northern Territory Rural College, 1990
Public Service Commissioner and the Department of Labour and Administrative Services, 1990-91
Road Safety Council of the Northern Territory, 1991.
====================
ATTENDANCE:
All Members attended the sitting.
H G SMITH
Clerk of the Legislative Assembly.
Page 394
__________________________________________________________________________________
Date : 21/05/1992
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. PETITION:
Mr Cartwright presented a petition from 28 citizens of the Northern Territory requesting the Assembly
to inquire into the deaths of 300 marine turtles in Fogg Bay.
Petition read.
4. QUESTIONS:
Questions were asked of Ministers.
Papers tabled: The Minister for Transport and Works (Mr Finch) laid on the Table the following Papers -
State Square Development, Project Costs, dated 20 May 1992; and
State Square Development, Project Costs, dated 12 August 1991.
Further questions were asked of Ministers.
A supplementary answer was given by the Attorney-General (Mr Manzie) to a question asked by the
Member for Macdonnell (Mr Bell) this day.
Paper tabled: Mr Manzie laid on the Table the following Paper -
Copy of Reference for Mr Peter Graham Woods signed by the Hon. Daryl Manzie, Attorney-General, dated March 1990.
5. PERSONAL EXPLANATION:
The Attorney-General (Mr Manzie), by leave, made a personal explanation relating to a question asked of him by the
Member for Macdonnell (Mr Bell) this day.
6. PERSONAL EXPLANATION:
The Member for Macdonnell (Mr Bell), by leave, made a personal explanation relating to comments made by the
Attorney-General (Mr Manzie) earlier this day.
7. WOMEN IN TAFE - PAPERS TABLED - PAPERS NOTED:
The Minister for Education (Mr Stone) laid on the Table the following Papers -
Northern Territory Strategy for Implementation of the National Plan of Action
for Women in TAFE, Department of Education, Darwin 1992; and
Women and TAFE, A National Plan of Action, Department of Employment,
Education and Training, Canberra, October 1991.
Page 383
Mr Stone made a statement relating thereto.
Mr Stone moved - That the Assembly take note of the Papers.
Question - put and passed.
8. FIGHTBACK! IN THE NORTHERN TERRITORY - MINISTERIAL STATEMENT - PAPERS TABLED -
MOTION TO NOTE STATEMENT:
The Treasurer (Mr Coulter) made a statement relating to the likely effects of the Federal Coalition's "Fightback!"
package in the Northern Territory.
Papers tabled: Mr Coulter laid on the Table the following Papers -
Tax Reform: What's in it for the Territory? A Broad Assessment of the Case for Indirect Tax Reform, including the
Introduction of a Goods and Services Tax, and its General Implications for the Northern Territory, dated February 1992.
The Impact of a Goods and Services Tax on the Northern Territory, Administrative and Practical Aspects, Report prepared
by Mr Michael B. Evans, KPMG Peat Marwick, dated February 1992;
Report on the Impact on the Territory of the Fightback! Proposals, Northern Territory Treasury, dated May 1992; and
Briefing Papers provided to the Commonwealth Treasurer on the Opposition's Taxation and Expenditure Proposals
(from 19 November to 17 December 1991), Tabled by the Treasurer the Hon. John Dawkins, MP, dated March 1992.
Mr Coulter moved - That the Assembly take note of the Statement.
____________________
Suspension of sitting: The sitting was suspended between 11.59 a.m. and 2.00 p.m.
____________________
Debate ensued.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
Attachment 1, Figure 1, Number of Winners and Losers by Household Type.
Debate continued.
Papers tabled: The Minister for Transport and Works (Mr Finch) laid on the Table the following Papers -
Education and Training - Comparison of "Fightback!" and "One Nation" Policies;
Attachment B, Estimated Tax and User Charge Components in Road Train Operating Costs; and
Attachment C, "Fightback!" Reform Package Typical Northern Territory Road Train Operation.
Debate continued.
The Leader of Government Business (Mr Setter) moved - That the debate be adjourned -
Question - put.
Page 384
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 13 NOES, 10
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Collins
Mr Hatton Mr Ede
Mr Manzie Mrs Hickey
Mr McCarthy Mr Lanhupuy
Mr Ortmann Mrs Padgham-Purich
Mr Palmer Mr Parish
Mr Perron Mr Stirling
Mr Poole Mr Tipiloura
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
9. NORTHERN TERRITORY UNIVERSITY AND "FIGHTBACK!" - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
The Minister for Education (Mr Stone) made a statement relating to the development of the Northern Territory University
and the impact of the Coalition's "Fightback!" package on higher education.
Mr Stone moved - That the Assembly take note of the Statement.
Debate ensued.
On the motion of the Leader of Government Business (Mr Setter) debate was adjourned.
10. STATUTE LAW REVISION BILL 1992 (Serial 147):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to revise and correct the law of
the Territory in minor respects.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
11. CRIMINAL CODE AMENDMENT BILL (No.2) 1992 (Serial 149):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
12. REGISTRATION AMENDMENT BILL 1992 (Serial 150):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Registration Act
and to validate the collection of certain fees and levies by the Registrar-General.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
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13. LIQUOR AMENDMENT BILL (No.2) 1992 (Serial 151):
The Chief Minister (Mr Perron), pursuant to notice, presented a Bill for an Act to amend the Liquor Act.
Bill read a first time.
Mr Perron 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.
14. DISCHARGE OF BUSINESS:
The Chief Minister (Mr Perron) moved - That the following Government Business, Order of the Day be discharged
from the Notice Paper -
No.10 - Firearms Bill 1991 (Serial 98).
Question - put and passed.
15. FIREARMS BILL 1992 (Serial 152); and POLICE ADMINISTRATION AMENDMENT BILL (No.2) 1992 (Serial 153):
Suspension of Standing Orders: The Chief Minister (Mr Perron) moved -
That so much of Standing Orders be suspended as would prevent two Bills, the Firearms Bill 1992 (Serial 152); and the
Police Administration Amendment Bill (No.2) 1992 (Serial 153) -
(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 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 Perron, by leave, presented a Bill for an Act relating to firearms; and a Bill for an Act to amend the Police Administration Act .
Bills read a first time.
Mr Perron moved - That the Bills be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
16. ROYAL COMMISSION INTO ABORIGINAL DEATHS IN CUSTODY - NORTHERN TERRITORY AND NATIONAL RESPONSES - MINISTERIAL STATEMENT - PAPERS TABLED - MOTION TO NOTE STATEMENT AND PAPERS:
The Chief Minister (Mr Perron) made a statement relating to the detailed responses made by the Commonwealth, State and
Territory Governments to the recommendations of the Royal Commission into Aboriginal Deaths in Custody.
Papers tabled: Mr Perron laid on the Table the following Papers -
Aboriginal Deaths in Custody - Overview of the Response by Governments to the Royal Commission; and
Aboriginal Deaths in Custody - Response by Governments Volumes 1, 2 and 3.
Mr Perron moved - That the Assembly take note of the Statement and Papers.
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On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
17. SPECIAL ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly at its rising adjourn until Tuesday 11 August 1992
at 10.00 a.m. or such other time and/or date as may be set by Mr Speaker, pursuant to Sessional Order.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit "Tuesday 11 August 1992" and insert in its stead "Tuesday 30 June 1992".
Debate ensued.
The Leader of Government Business (Mr Setter) moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the amendment be agreed to - put and negatived.
Question - That the motion be agreed to - put and passed.
18. POLICE ADMINISTRATION AMENDMENT BILL 1992 (Serial 109):
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 Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Chairman - Mr Poole)
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
The Chief Minister (Mr Perron) moved the following amendment -
Insert after paragraph (b) the following:
"(ba) by omitting from subsection (2) paragraph
(d) and substituting the following:
'(d) the offence was committed in the Territory,
and the person shall not be granted bail under Part III
or section 33 of the Bail Act while so detained,
whether or not he or she has been charged with an
offence.'; and".
Debate ensued.
Mr Perron moved - That the Committee do report progress and ask leave to sit again.
Question - put and passed.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
The Chief Minister (Mr Perron) moved - That the Committee have leave to sit again at a later hour.
Question - put and passed.
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19. TRAFFIC AMENDMENT BILL 1991 (Serial 120); and MOTOR VEHICLES AMENDMENT BILL 1992 (Serial 126):
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, according to Order, resolved itself into Committee of the Whole for the consideration of the Bills.
____________________
In the Committee
(Chairman - Mr Poole)
Traffic Amendment Bill 1991 (Serial 120):
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Minister for Transport and Works (Mr Finch) the following amendment was agreed to -
Omit from proposed subsection (6) "A person shall not" and insert in its stead "Except as prescribed,
a person shall not, on and from a date specified by the Minister by notice in the Gazette,".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from proposed subsection (7) "purpose being taught" and insert in its stead "purpose of being taught".
On the motion of Mr Finch the following further amendment was agreed to -
Omit from proposed subsection (9)(b)(ii) all words after "are being conveyed" and insert in their stead
"and on which signs are required to be affixed in accordance with regulation 59 of the Dangerous Goods
Regulations;".
Clause 4, as amended agreed to.
Clauses 5 and 6, by leave, taken together and agreed to.
On the motion of Mr Finch the following new clause was inserted in the Bill -
"6A. DRIVING WHILE NOT LICENSED
"Section 32(1)(a) of the Principal Act is amended by omitting all words after subparagraph (iii) and
substituting the following:
'(iv) is temporarily in the Territory and holds a licence or permit (however referred to)
granted in the country or the State or other Territory of the Commonwealth in
which that person usually resides which permits the person to drive a motor vehicle
to gain experience for the purpose of obtaining a licence to drive a motor vehicle,
Page 388
and is driving in accordance with the conditions, if any, of the licence or permit, and the
motor vehicle is one which the person is permitted by the licence or permit to drive;
or'.".
On the motion of Mr Finch the following further new clause was inserted in the Bill -
"6B. NEW SECTION
"The Principal Act is amended by inserting after section 47 the following:
'48. LIABILITY OF INSURERS UNDER POLICIES OF INSURANCE
'(1) The fact that a person has undergone a breath test, submitted to a breath analysis or given a
sample of blood for a blood test, the result of a breath test, breath analysis or blood test or the
fact that a person has been convicted of an offence under section 19 (other than subsection (1)) or
20 is not, for the purposes of a contract of insurance, admissible as evidence of the fact that that person
was at any time under the influence of or in any way affected by intoxicating liquor or incapable of
driving or of exercising effective control over a motor vehicle, but nothing in this subsection
precludes the admission of any other evidence to show any such fact.
'(2) A reference in a contract of insurance to a concentration of alcohol equal to or exceeding that
prohibited by a law applicable in a State or Territory, or words to that effect, shall be construed, for
the purposes of the contract of insurance, as a reference to the concentration specified in section 19(2).
'(3) Subsections (1) and (2) have effect notwithstanding anything contained in a contract of
insurance and a covenant, term, condition or provision of a contract of insurance, to the extent
that the operation of this section is excluded, limited, modified or restricted, is void.'.".
Clause 7 agreed to.
Title agreed to.
Bill to be reported with amendments.
Motor Vehicles Amendment Bill 1992 (Serial 126):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
____________________
The Deputy Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had
considered the Bills and agreed to the Traffic Amendment Bill 1991 (Serial 120) with amendments and the Motor
Vehicles Amendment Bill 1992 (Serial 126) without amendment; and the report was adopted.
Mr Finch moved - That the Bills be now read a third time.
Debate ensued.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
Page 389
The Scientific Basis for our Drink-Driving Laws by Greg Chesher.
Debate continued.
Personal explanation: Mr Bailey, pursuant to Standing Order 54, made a personal explanation.
Question - put and passed.
The Bills were read a third time and passed to be proposed laws.
20. POLICE ADMINISTRATION AMENDMENT BILL 1992 (Serial 109):
The order of the day having been read for the further consideration of the Bill in Committee of the Whole -
The Assembly, according to order, resolved itself into Committee of the Whole.
____________________
In the Committee
(Chairman - Mr Poole)
Consideration resumed of clause 5 and of the following amendment moved thereto by the Chief Minister (Mr Perron) -
Insert after paragraph (b) the following:
"(ba)by omitting from subsection (2) paragraph (d) and substituting the following:
'(d) the offence was committed in the Territory,
and the person shall not be granted bail under Part III or section 33 of the Bail Act while so detained,
whether or not he or she has been charged with an offence.'; and".
Amendment agreed to.
Clause 5, as amended, agreed to.
Clause 6 agreed to.
Clause 7 read.
On the motion of Mr Perron the following amendment was agreed to -
Omit from proposed section 142(1) "subsection (2)" and insert in its stead "section 143".
On the motion of Mr Perron the following further amendment was agreed to -
Omit from proposed section 142 subsection (2).
On the motion of Mr Perron the following further amendment was agreed to, after debate -
Add at the end the following:
"143. CERTAIN EVIDENCE MAY BE ADMITTED
"A court may admit evidence to which this Division applies even if the requirements of this Division have
not been complied with, or there is insufficient evidence of compliance with those requirements, if,
having regard to the nature of and the reasons for the non-compliance or insufficiency of evidence and any
Page 390
other relevant matters, the court is satisfied that, in the circumstances of the case, admission of the
evidence would not be contrary to the interests of justice.".
Clause 7, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
On the motion of the Chief Minister (Mr Perron) the Bill was read a third time and passed to be a proposed law.
21. FINANCIAL INSTITUTIONS (NT) BILL 1992 (Serial 141); FINANCIAL INSTITUTIONS (TERRITORY SUPERVISORY AUTHORITY)
BILL 1992 (Serial 142); FINANCIAL INSTITUTIONS (NT) (CONSEQUENTIAL AMENDMENTS) BILL 1992 (Serial 143); CREDIT
UNIONS ACT REPEAL BILL 1992 (Serial 144); and INTERPRETATION AMENDMENT BILL 1992 (Serial 145):
Suspension of Standing Orders: The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be
suspended as would prevent the Financial Institutions (NT) Bill 1992 (Serial 141); the Financial Institutions
(Territory Supervisory Authority) Bill 1992 (Serial 142); the Financial Institutions (NT) (Consequential Amendments)
Bill 1992 (Serial 143); the Credit Unions Act Repeal Bill 1992 (Serial 144); and the Interpretation Amendment Bill
1992 (Serial 145) passing through all stages at this sitting.
Question - put and passed - there being an absolute majority of the whole number of Members present and no
dissentient voice.
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, according to Order, resolved itself into Committee of the Whole for the consideration of the Bills.
____________________
In the Committee
(Chairman - Mr Poole)
Financial Institutions (NT) Bill 1992 (Serial 141):
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendments, by leave, were taken together and
agreed to -
Omit from clause 13 subclause (2) "Except as provided in subsection (3), nothing" and insert in its stead "Nothing".;
and
Omit subclause (3).
Bill, as amended, agreed to.
Bill to be reported with amendments.
Page 391
Financial Institutions (Territory Supervisory Authority)
Bill 1992 (Serial 142):
Bill, by leave, taken as a whole.
On the motion of Mr Manzie the following amendments, by leave, were taken together and agreed to -
Omit clause 2 and insert in its stead the following:
"2. COMMENCEMENT
"This Act shall come into operation on assent.". ; and
Add at the end of Clause 5 the following:
"(3) The Authority is an exempt public authority within the meaning of the Corporations Law.".
Bill, as amended, agreed to.
Bill to be reported with amendments.
Financial Institutions (NT) (Consequential Amendments) Bill 1992 (Serial 143):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Credit Unions Act Repeal Bill 1992 (Serial 144):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Interpretation Amendment Bill 1992 (Serial 145):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the
Bills and agreed to the Financial Institutions (NT) Bill 1992 (Serial 141) and the Financial Institutions (Territory Supervisory
Authority) Bill 1992 (Serial 142) with amendments; and the Financial Institutions (NT) (Consequential Amendments) Bill 1992
(Serial 143); the Credit Unions Act Repeal Bill 1992 (Serial 144); and the Interpretation Amendment Bill 1992 (Serial 145)
without amendment; and the report was adopted.
On the motion of the Attorney-General (Mr Manzie) the Bills were read a third time and passed to be proposed laws.
22. SUPPLY BILL 1992-93 (Serial 140):
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 Treasurer (Mr Coulter) the Bill was read a third time and passed to be a proposed law.
Page 392
23. AVIATION ACT REPEAL BILL 1992 (Serial 139):
Suspension of Standing Orders - Pass through all stages: The Minister for Transport and Works (Mr Finch) moved - That so
much of Standing Orders be suspended as would prevent the Aviation Act Repeal Bill 1992 (Serial 139) passing through all
stages at this sitting.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
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 Mr Finch the Bill was read a third time and passed to be a proposed law.
24. COMMERCIAL PASSENGER (ROAD) TRANSPORT AMENDMENT BILL 1992 (Serial 148):
Suspension of Standing Orders - Pass through all stages: The Minister for Transport and Works (Mr Finch) moved - That so
much of Standing Orders be suspended as would prevent the Commercial Passenger (Road) Transport Amendment Bill 1992
(Serial 148) passing through all stages at this sitting.
Question - put and passed - there being an absolute majority of the whole number of Members present and no
dissentient voice.
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 Mr Finch the Bill was read a third time and passed to be a proposed law.
25. PUBLIC ACCOUNTS COMMITTEE - REPORT ON THE AUDITOR-GENERAL'S REPORTS 1989-90 - PAPER TABLED -
PAPER PRINTED - MOTION TO NOTE PAPER:
The Chairman of the Public Accounts Committee (Mr Palmer) laid on the Table the Report of the Public Accounts
Committee on the Auditor- General's Reports 1989-90, Report No.16, dated May 1992.
Mr Palmer moved - That the Report be printed.
Question - put and passed.
Mr Palmer moved - That the Assembly take note of the Report.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
26. SUBORDINATE LEGISLATION AND TABLED PAPERS COMMITTEE, SEVENTH REPORT:
The Chairman of the Subordinate Legislation and Tabled Papers Committee (Mr Setter) laid on the Table the Seventh Report
of the Subordinate Legislation and Tabled Papers Committee.
27. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Papers -
Page 393
Press Release, "Power at Papunya", by Ms Alison Anderson, Administration Officer, Papunya Council,
dated 18 May 1992;
Open Letter to the Hon. Fred Finch, MLA from Ms Alison Anderson, Council Administrator, Papunya, undated;
Press Release, "Finch hides behind parliaments skirts", by Mr Neil Bell, MLA, undated; and
Letter, Mr I.V. Knight, Ombudsman to Mr N.R. Bell, MLA, dated 21 May 1992.
Debate continued.
Question - put and passed.
The Assembly adjourned at 10.54 p.m. until Tuesday 11 August 1992 at 10.00 a.m. or such other time and/or date as may be
set by the Speaker, pursuant to Sessional Order.
====================
PAPERS:
The following Papers were deemed to have been presented on Thursday 21 May 1992:
Annual Reports:
Alice Springs College of TAFE, 1990
Batchelor College, 1990
Northern Territory Architects Board, 1988-89
Northern Territory Architects Board, 1989-90
Northern Territory Architects Board, 1990-91
Northern Territory Open College of TAFE, 1990
Northern Territory Rural College, 1990
Public Service Commissioner and the Department of Labour and Administrative Services, 1990-91
Road Safety Council of the Northern Territory, 1991.
====================
ATTENDANCE:
All Members attended the sitting.
H G SMITH
Clerk of the Legislative Assembly.
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Last updated: 04 Aug 2016