Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1998-02-24

Eighth Assembly First Session 24/02/1998 Parliamentary Record No. 4
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Date : 24/02/1998
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1. MEETING:
    The Assembly met at 10:00 h. The Speaker, the Honourable L M Braham, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR:
    The Speaker advised Honourable Members that she had received the following Message from His Honour the Administrator:

    Message No. 3

    I, NEIL RAYMOND CONN, the Administrator of the Northern Territory of Australia, in pursuance of section 11 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill entitled the Unclaimed Superannuation Benefits Bill, which, in part, provides for the refund of certain unclaimed superannuation benefits from the Consolidated Revenue Account.

    Dated 17 February 1998.

    (Sgd) NEIL CONN
    Administrator
    (Paper 269).

4. VISITORS:
    The Speaker (Mrs Braham) drew attention to the presence in the gallery of Year 5, 6 and 7 students from Humpty Doo Primary School and their teachers, Ms Jane Allan and Ms Chris Walker; and Year 6/7 students from Wulagi Primary School and their teacher Ms Margaret McPherson.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

5. PETITION:
    The Member for Nightcliff (Mr Hatton) presented a petition from 514 petitioners praying that the Nightcliff Amateur Swimming Club be able to continue to operate at the Nightcliff Aquatic Centre so as not to disadvantage the children and for the development of swimming in the Northern Territory. (Paper 270)
    Petition read.

6. NOTICES:
    The following notices were given:
    Mr Stone: To present the Territory Insurance Office (Miscellaneous Amendments) Bill 1998 (Serial 52).
    Mr Reed: To present the Territory Insurance Office Amendment Bill 1998 (Serial 47).
7. QUESTIONS:
    10:03 Mrs Hickey to Mr Stone.
    10:09 Mr Balch to Mr Reed.
    10:15 Mr Bailey to Mr Stone.
    10:19 Mr Lugg to Mr Stone.
    10:23 Mr Toyne to Mr Adamson.
    10:29 Mr Dunham to Mr Stone.
    10:34 Mr Stirling to Mr Poole.
    Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Paper -

    Memorandum, N.T.P.O.A. Executive Alice Springs Branch to Commissioner D. Moore, dated 12 February 1998. (Paper 274)

    10:39 Mr Mitchell to Mr Baldwin.
    Paper tabled: The Minister for Housing (Mr Baldwin) laid on the Table the following Papers -
Graph, Homenorth Homestart Loan Advances, 1996/97 and 1997/98 (Paper 278);
Graph, Homenorth Deposit Assistance, 1996/97 and 1997/98 (Paper 275);
Graph, Homenorth Homeshare, 1996/97 and 1997/98 (Paper 276); and
Graph, Homenorth Assist Interest Subsidy, 1996/97 and 1997/98 (Paper 277).

    10:42 Mr Rioli to Mr Palmer.
    10:45 Mr Hatton to Mr Poole.
    10:49 Mr McCarthy to Mr Palmer.
    10:53 Mr Bailey to Mr Coulter.
8. AUDITOR-GENERAL FOR THE NORTHERN TERRITORY - FEBRUARY 1998 REPORT TO THE LEGISLATIVE ASSEMBLY FOR THE YEAR ENDED 31 DECEMBER 1997 - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
    The Speaker laid on the Table the Report of the Auditor-General for the Northern Territory on Matters arising from Audits undertaken in the six months ended 31 December 1997, dated February 1998 (Paper 279).
    The Chief Minister (Mr Stone) moved - That the Paper be printed.
    Question - put and passed.
    Mr Stone moved - That the Assembly take note of the Paper.
    Ordered - That the Chief Minister (Mr Stone) have leave to continue his remarks at a later hour.
    Debate adjourned.
9. PUBLIC ACCOUNTS COMMITTEE - REFERENCE - FUNDING BODIES ON DEVELOPMENT PROJECTS ON ABORIGINAL OUTSTATIONS AND COMMUNITIES - MOTION AGREED TO:
    The Leader of Government Business (Mr Coulter), by leave, moved - That -

    (1) the Public Accounts Committee inquire and report upon the roles of various funding bodies in the development and maintenance of roads, airstrips and barge landings on Aboriginal Communities and Outstations in the Northern Territory, which are presently funded from multiple sources, with particular reference to:
        (a) the 1993 decision of the Commonwealth to transfer local roads responsibilities and funds to community government bodies and the impact of that decision;
        (b) the impact of ATSIC decisions to allocate capital funding to communities for infrastructure development, with no financial provision for ongoing maintenance;
        (c) the capacity of communities to plan for and execute infrastructure maintenance projects;
        (d) whether the existing criteria adopted for the allocation of funds by funding providers takes appropriate account of population, potential utilisation of the infrastructure and the comparative economic and social needs of each community;
        (e) strategies that could support funding consolidation and mutual cooperation from the principal participants, leading to a more effective and equitable allocation and application of funds; and
        (f) strategies for capitalising on the training and employment opportunities implicit in infrastructure development and maintenance projects undertaken on Aboriginal communities; and
    (2) the Committee report to the Assembly on or before the first sitting of the Assembly in 1999. (Paper 280)

    Question - put and passed.


10. DEPARTMENT OF ARTS AND MUSEUMS - STATEMENT NOTED:
    The Minister for the Arts and Museums (Mr Manzie) made a statement relating to the formation of the Department of Arts and Museums which amalgamates the Museums and Art Galleries of the Northern Territory, the Office of Arts and Cultural Affairs and the Araluen Centre in Alice Springs (Paper 281).
    Mr Manzie moved - That the Assembly take note of the Statement.
    Debate ensued.
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    Suspension of sitting: The sitting was suspended between 11:48 h and 14:00 h.
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    Debate resumed.
    Question put and passed.

11. MOTOR VEHICLES AMENDMENT BILL 1997 (Serial 22) and TRAFFIC AMENDMENT BILL 1997 (Serial 23):
    The Order of the Day having been read for the resumption of the debate on the motion - That the Bills be now read a second time -
    Debate ensued.
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    Distinguished Visitors: Madam Speaker acknowledged the presence in the gallery of Dr Ted Tschopp, Chairman, Alusuisse-Lonza Holdings Ltd, Mr Sergio Marchionne, CEO, Alusuisse-Lonza Holdings Ltd, Mr Kurt Wolfesberger, Executive Vice President, Alusuisse-Lonza Holdings Ltd, Mr Ed Notter, CEO, Alusuisse-Lonza Holdings Ltd, and Mr Peter Warren, Chief Financial Officer, Alusuisse-Lonza Holdings Ltd.
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    Debate continued.
    Papers tabled: The Minister for Transport and Infrastructure (Mr Coulter) laid on the Table the following Papers -
Test Certificate - Lasercam - Nederlands Meetinstituut - 9 October 1996 (Paper 282); and
Memorandum, Alan Michael, Minister of State, Home Office, UK - The Light Beam Speed Measuring
Device (No. 2) Approval 1998, 9 February 1998 (Paper 283).
    Debate continued.
    Question put and passed.
    Bill read a second time.
    The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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In Committee
(The Chairman, Mr Mitchell in the Chair)

    Motor Vehicles Amendment Bill 1997 (Serial 22):

    Bill, by leave, taken as a whole and agreed to.
    Bill to be reported without amendment.

    Traffic Amendment Bill 1997 (Serial 23):
    Clauses 1 to 7, by leave, taken together and agreed to.
    Clause 8 read.
    The Deputy Leader of the Opposition (Mr Bailey) moved the following amendment -

    Insert after proposed section 44(3) the following:
        "(3A) A traffic infringement detection device is not to be used for or in relation to the detection of an offence unless the device complies with the Australian Standard for speed detection devices, published by the Standards Association of Australia and in force at the time the device is used.".

    Debate ensued.
    The Leader of Government Business (Mr Coulter) moved - That the question be now put.
    Question - put and passed.
    Question - That the amendment moved by Mr Bailey be agreed to - put.
    The Assembly divided (the Chairman, Mr Mitchell, in the Chair) -

AYES, 6 NOES, 17

Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Ms Martin Mr Baldwin
Mr Rioli Mr Burke
Mr Stirling Mr Coulter
Mr Toyne Mr Dunham
Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
    Amendment negatived accordingly.
    Clause 8, as printed, agreed to.
    Clause 9 read.
    Mr Bailey, by leave, withdrew scheduled amendments numbers 89.2 and 89.3 standing in his name.
    Title agreed to.
    Bill to be reported without amendment.
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    The Speaker (Mrs Braham) resumed the Chair, the Chairman (Mr Mitchell) reported accordingly and the reports were adopted.
    The Minister for Transport and Infrastructure Development (Mr Coulter) moved - That the Bills be now read a third time.
    Debate ensued.
    Question put and passed.
    The Bills were read a third time and passed to be proposed laws.
12. RE-ORDERING OF GOVERNMENT BUSINESS:
    The Leader of Government Business (Mr Coulter) advised the reordering of Government Business so that Government Business, Order of the Day No 6, the Crime Victims Advisory Report, be postponed until a later hour.
    Question - put and passed.

13. UNIT TITLES AMENDMENT BILL 1997 (Serial 3):
    The Order of the Day having been read for the resumption of the debate on the motion - 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 Chief Minister (Mr Stone) the Bill was read a third time and passed to be a proposed law.

14. INTERPRETATION AMENDMENT BILL 1997 (Serial 17):
    The Order of the Day having been read for the resumption of the debate on the motion - 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 Chief Minister (Mr Stone) the Bill was read a third time and passed to be a proposed law.

15. AGENTS LICENSING AMENDMENT BILL 1997 (Serial 25):
    The Order of the Day having been read for the resumption of the debate on the motion - 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 Chief Minister (Mr Stone) the Bill was read a third time and passed to be a proposed law.

16. CORONERS AMENDMENT BILL 1997 (Serial 32):
    The Order of the Day having been read for the resumption of the debate on the motion - That the Bill be now read a second time -
    Debate ensued.
    Question put and passed.
    Bill read a second time.
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    In the Committee
    (The Chairman, Mr Mitchell in the Chair)

    Clauses 1 to 4, by leave, taken together and agreed to.
    Clause 5 read.
    On the motion of Mr Stone the following amendment was agreed to, after debate.

    Omit "Attorney-General" and insert in its stead "Administrator".

    Clause as amended, agreed to.
    Clause 6 read and agreed to.
    Clause 7 negatived.
    New clause -
    On the motion of Mr Stone the following new clause was agreed to and inserted in the Bill -
        "7. DEPUTY CORONERS
            "Section 5 of the Principal Act is amended —
            (a) by omitting from subsection (1) 'Chief Magistrate' and substituting 'Administrator'; and
            (b) by omitting from subsection (4) 'Chief Magistrate' and substituting 'Attorney-General'.".

    Remainder of the Bill, by leave, taken as a whole and agreed to.
    Bill to be reported with amendments.
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    The Speaker (Mrs Braham) resumed the Chair, the Chairman (Mr Mitchell) reported accordingly and the report was adopted.
    The Attorney-General (Mr Stone) moved - That the Bill be now read a third time.
    Debate ensued.
    Question - put and passed.
    The Bill was read a third time and passed to be a proposed law.

17. STATEMENT ON RIGHTS OF THE TERMINALLY ILL ACT - STATEMENT NOTED:
    The Order of the Day having been read for the resumption of debate on the motion or Mr Stone - That the Assembly take note of Statement -
    Paper tabled: Mr Stone laid on the Table the following Paper -
Statement to the Report on the Deaths under the Rights of the Terminally Ill Act (Paper 284).
    Debate ensued.
    Question put and passed.

18. ADJOURNMENT:
    The Chief Minister (Mr Stone) moved - That the Assembly do now adjourn.
    Debate ensued.
    Paper tabled: The Member for Wanguri (Mr Bailey), by leave, tabled -
Media release from Right to Life Association, dated 18 February1998. (Paper 285)

    Debate continued.
    Question put and passed.
    And the Assembly adjourned at 19:36 h until 10:00 h Wednesday 25 February 1998.
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PAPERS:
    The following papers were deemed to have been presented on Tuesday 24 February 1988 -

    Annual Reports
    Jabiru Town Development Authority, 1996/97 (Paper 272)
    National Crime Authority, 1996/97 (Paper 271)

    Police Administration Act
    Police Arbitral Tribunal Determination No. T1 0f 1998, Interim Decision, dated 19 February 1998 (Paper 273)
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    ATTENDANCE:
    All members attended the sitting.
Last updated: 04 Aug 2016