Minutes of Proceedings - 1991-11-13
Sixth Assembly First Session 12/11/1991 Parliamentary Record No. 7
__________________________________________________________________________________
Date : 13/11/1991__________________________________________________________________________________
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. NOTICES:
The following notices were given:
Mr Hatton: To present the Ayers Rock Resort Corporation Bill 1991 (Serial 107).
Mr Hatton: To present the Yulara Tourist Village Management Amendment Bill 1991 (Serial 108).
Mr Bailey: To move - That -
(1) this Assembly, noting the large Timorese community in the Northern Territory and their
concerns about the fate of relatives and friends who may have been victims in the reported
massacre of East Timorese people at the hands of Indonesian troops in Dili on Tuesday -
(a) deplores the reported deaths of innocent East Timorese civilians at the hands of the Indonesian military;
(b) calls on the Indonesian Government to hold a full and open inquiry into the incident; and
(c) also calls on the Indonesian Government to recognize the rights of the East Timorese people to have a free
and open society; and
(2) this motion be forwarded to the Indonesian Consul in Darwin and the Indonesian Ambassador to Australia.
4. QUESTIONS:
Questions were asked of Ministers.
5. PROPOSED SUSPENSION OF STANDING ORDERS - MOTION NEGATIVED:
The Leader of the Opposition (Mr Ede) moved - That so much of Standing Orders be suspended as would prevent him moving
the following motion, forthwith -
That, pursuant to Standing Order 251, there be laid on the Table the following documents:
(1) the Partnership Deed concerning the Yulara Development Corporation between Investnorth and the
Commonwealth Trading Bank; the National Commercial Banking Corporation; National Westminster Finance;
Capel Court; Beneficial Finance Corporation; James Hardie Finance, and any trust deeds entered into by
one or more of the parties as a result;
Page 221
(2) all financial projections and reports produced by, for or on behalf of Investnorth Limited,
Investnorth Management Pty Ltd and Investnorth Trust hereinafter referred to as "Investnorth") or any of
their officers, since Investnorth's inception;
(3) any correspondence between the Territory Government and the substantial shareholders in
Yulara Development Company Proprietary Limited, namely the Territory Insurance Office, Henry and
Walker Pty Ltd and National Mutual Royal Bank concerning any Territory Government undertakings or
guarantees concerning profits or returns to the shareholders;
(4) the terms of the Cabinet approval of the establishment of Investnorth, including any
conditions or limitations on the authority of Investnorth to act as agent of the Territory
Government;
(5) any correspondence between the Chief Minister, Treasurer or Attorney-General, or their Departments,
and Investnorth concerning the terms of any express or implied authority for Investnorth to act on
behalf of the Territory Government;
(6) any correspondence between the Territory Government, or any of its agents or authorities and
the Manolas Companies concerning the terms of the lease of the Darwin Sheraton site and any returns or
profits for the Manolas Companies;
(7) all correspondence between the Territory Government and Investnorth since its inception;
(8) all correspondence between the Yulara Development Company Limited, Investnorth Management
Pty Ltd and its auditors, Pannell Kerr Forster concerning the accounts;
(9) any correspondence between the Treasury, the Treasurer and the Chief Minister and his Department
concerning the Territory Government's financial exposure through the activities of Investnorth;
(10) any correspondence between the Territory Loans Management Corporation, Treasury, the
Treasurer, the Chief Minister and his Department concerning the financial status of any loans or
financial arrangements entered into by Investnorth;
(11) all correspondence and supporting documentation detailing agreements entered into by
Investnorth and the State Bank of South Australia and National Australia Limited concerning the
financing of the Alice Springs Sheraton; and
(12) copies of the following reports, if they are not already covered:
(a) Operations and Market Positioning Analysis of the Sheraton by Pannell Kerr and
Forster in 1989;
(b) Report on Expanded Visitor Activities at Yulara by Gillam in 1989;
Page 222
(c) Yulara Market Research Surveys by AGB-McNair in 1990;
(d) Economic Benefits Study of Yulara by Pannell Kerr Forster in 1991; and
(e) Hotel Sales Report by Finch-Freeman on Yulara in 1991.
Debate ensued.
The Chief Minister (Mr Perron) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 11
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Collins
Mr Manzie Mr Ede
Mr McCarthy Mrs Hickey
Mr Ortmann Mr Lanhupuy
Mr Palmer Mrs Padgham-Purich
Mr Perron Mr Smith
Mr Poole Mr Stirling
Mr Reed Mr Tipiloura
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the motion to suspend Standing Orders, be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 11 NOES, 14
Mr Bailey Mr Coulter
Mr Bell Mr Dondas
Mr Cartwright Mr Finch
Mr Collins Mr Hatton
Mr Ede Mr Manzie
Mrs Hickey Mr McCarthy
Mr Lanhupuy Mr Ortmann
Mrs Padgham-Purich Mr Palmer
Mr Smith Mr Perron
Mr Stirling Mr Poole
Mr Tipiloura Mr Reed
Mr Setter
Mr Stone
Mr Vale
Motion negatived accordingly.
6. SUPPLEMENTARY ANSWERS:
The Minister for Industries and Development (Mr Hatton), by leave, gave an answer to a question asked during Question
Time today.
The Minister for Conservation (Mr Reed), by leave, gave answers to questions raised during debate upon the
Appropriation Bill 1991-92 during the course of the October sittings.
Page 223
7. ALCOHOL POLICY - MINISTERIAL STATEMENT - STATEMENT AND PAPERS NOTED:
The Chief Minister (Mr Perron) made a statement relating to the Government's plan to bring alcohol related harm below
the national average by the year 2000.
Papers tabled: Mr Perron laid on the Table the following Papers -
. Media Release by the Chief Minister, the Hon. Marshall Perron, MLA, dated 8 November 1991;
. Paper - "Living with Alcohol in the Northern Territory - Highlights"; and
. Paper - "Living with Alcohol in the Northern Territory - Executive Summary".
Mr Perron moved - That the Assembly take note of the Statement and Papers.
Debate ensued.
____________________
Suspension of sitting: The sitting was suspended between 12.03 p.m. and 2.00 p.m.
____________________
Debate continued.
Personal explanation: The Member for Macdonnell (Mr Bell) made a personal explanation in regard to comments made by
the Minister for Tourism (Mr Vale) during this debate.
Debate continued.
Question - put and passed.
8. FURTHER NOTICES:
The following further notices were given, by leave:
Mr Manzie: To present the Misuse of Drugs Amendment Bill 1991 (Serial 112).
Mr Manzie: To present the Police Administration Amendment Bill (No.3) 1991 (Serial 113).
9. AMENDMENT TO NOTICE OF MOTION:
The Deputy Leader of the Opposition (Mr Bailey), pursuant to Standing Order 103, amended his notice of motion given
earlier this day to read as follows:
(1) That this Assembly -
(a) notes that the large Timorese community in the Northern Territory is greatly
concerned about the fate of relatives and friends who may have been victims in the
reported massacre of East Timorese people at the hands of Indonesian troops in Dili on
Tuesday, 12 November 1991;
(b) deplores the reported massacre of innocent East Timorese civilians;
(c) is of the opinion that the East Timorese have a right to a free and open
society; and
(d) applauds the call by the Australian Government for the Indonesian Government to
hold a full and open inquiry
Page 224
into the incident; and that the report of the inquiry be made public.
(2) That the Speaker forward the terms of this Resolution to the Prime Minister forthwith.
10. TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT BILL 1991 (Serial 71); and FORESTRY ACT REPEAL
BILL 1991 (Serial 72):
Suspension of Standing Orders - Take two Bills together: The Minister for Conservation (Mr Reed) moved -
That so much of Standing Orders be suspended as would prevent two Bills, the Territory Parks and Wildlife
Conservation Amendment Bill 1991 (Serial 71); and the Forestry Act Repeal Bill 1991 (Serial 72) -
(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 Reed, pursuant to notice, presented a Bill for an Act to amend the Territory Parks and Wildlife Conservation Act; and
a Bill for an Act to repeal the Forestry 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 Arnhem (Mr Lanhupuy) debate was adjourned.
11. LAND AND BUSINESS AGENTS AMENDMENT BILL 1991 (Serial 78):
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 7, by leave, taken together and agreed to, after debate.
Clause 8 read.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Insert in proposed section 22(2) after "experience gained" the words "for the prescribed
period".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Insert after proposed section 22(2)(d) the following:
"(e) such other person or body as may be prescribed.".
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On the motion of Mr Manzie the following further amendment was agreed to.
Add at the end the following:
"(3) Where a person applies for a licence under section 26 on the basis that the person holds
other prescribed qualifications or experience referred to in subsection (1)(c), the person's
application under section 26 shall be accompanied by a certificate in the prescribed form.".
Clause 8, as amended, agreed to, after debate.
Clause 9 agreed to.
On the motion of Mr Manzie the following new clause was inserted in the Bill -
"9A. INSPECTORS
"Section 64 of the Principal Act is amended -
(a) by inserting after subsection (1)(a) the following:
'(aa) inspect all documents or certificates relating to indemnity insurance
referred to in Part XIIA of a licensed agent or former licensed agent;';
(b) by omitting subsection (1)(c) and substituting the following:
'(c) for the purposes of paragraph (a), (aa) or (b), require a licensed
agent or any other person in whose custody or control those receipt or other books, accounts,
securities, documents, papers or accounting records, or those documents or certificates
relating to indemnity insurance referred to in Part XIIA, are, to produce and to hand over to
him those receipt or other books, accounts, securities, documents, papers or accounting
records or those documents or certificates relating to indemnity insurance referred to in
Part XIIA.'; and
(c) by omitting from subsections (3) and (4) 'referred to in subsection (1)(a) or (b)' and substituting
'or a document or certificate relating to indemnity insurance referred to in subsection (1)'.".
Clause 10 agreed to.
Clause 11 read.
On the motion of Mr Manzie the following amendment was agreed to -
Insert after paragraph (b) the following:
"(c) by inserting after paragraph(j) the following:
'(ja) the licensed agent has failed to take out or to maintain indemnity insurance
referred to in Part XIIA as required by or under this Act;'.".
Clause 11, as amended, agreed to.
Page 226
On the motion of Mr Manzie the following new clause was inserted in the Bill -
"11A. INTERPRETATION
"The definition of 'indemnity insurance' in section 108A(1) of the Principal Act is amended -
(a) by omitting from paragraph (b) 'a member' and substituting 'a
member; or';
(b) by omitting from paragraph (c) 'a director; or' and
substituting 'a director,';
(c) by omitting paragraph (d); and
(d) by omitting 'firm, company or trust' and substituting 'firm or
company'.".
On the motion of Mr Manzie the following further new clause was inserted in the Bill, after debate -
"11B. NEW SECTION
"The Principal Act is amended by inserting after section 108B the following:
'108C. CONVEYANCING AGENTS TO INSURE
'A conveyancing agent shall, before commencing to carry on business, take out and maintain with an
authorised insurer indemnity insurance in the sum of 500,000 or the maximum sum agreed under the
arrangements entered into under section 108B with the authorised insurer, whichever is the lesser.
Penalty: $5,000.'.".
Clauses 12 and 13, by leave, taken together and agreed to.
Clause 14 read.
On the motion of Mr Manzie the following amendment was agreed to -
Insert in proposed section 127(1)(k) after "may perform" the words "and the regulation and limits of
those services".
Clause 14, as amended, agreed to.
Clause 15 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from proposed clause 2(a) of proposed Part 1 "including caveats) and memoranda" and insert in its
stead "including caveats but not including leases, mortgages or encumbrances) and memoranda relating to
the sale and transfer of real property".
On the motion of Mr Manzie the following further amendment was agreed to -
Insert after proposed clause 2(c) of proposed Part 1 the following:
Page 227
"(d) such other documents with the approval of the Board.".
Clause 15, as amended, agreed to.
Clauses 16 and 17, by leave, taken together and agreed to.
Schedule read.
On the motion of Mr Manzie the following amendment was agreed to -
Insert after the entry relating to sections 20 and 21 the following:
"Section 23A 'section 22' 'section 22(1)'
(twice occurring)".
Schedule, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
____________________
The Acting Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
12. EDUCATION AMENDMENT BILL (No.3) 1991 (Serial 103):
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.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -
. Letter, Ian Johnson, Branch Manager,
Alexander Stenhouse Australia to Ms Sue Kroemer,
COGSO, dated 10 October 1991.
Debate continued.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
. Letter, Peter Lewis, Chairman, Dripstone High School Council to Mr Angus Henry, Chairman, Steering
Committee, Department of Education, dated 10 October 1991.
Debate continued.
Explanation of speech: Mr Bailey, pursuant to Standing Order 54, made an explanation of matter included in his speech.
Debate continued.
Question - put and passed.
Bill read a second time.
Leave refused: The Minister for Education (Mr Stone) seeking leave to enable the motion for the third reading of
the Bill to be moved forthwith -
Objection being raised, leave not granted.
The Assembly thereupon resolved itself into Committee of the Whole.
____________________
In the Committee
(Chairman - Mr Poole)
Page 228
Clause 1 agreed to.
Clause 2 read.
And the Member for Macdonnell (Mr Bell) addressing the Chair -
The Minister for Education (Mr Stone) moved - That the question be now put.
Question - That the question be now put - put.
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 15 NOES, 7
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Stirling
Mr McCarthy Mr Tipiloura
Mr Ortmann
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That clause 2 stand as printed - put and passed.
Suspension of Standing Orders: Mr Stone moved - That so much of Standing Orders be suspended as would prevent the
remainder of the Bill being taken as a whole.
Question - That the remainder of the Bill stand as printed.
And the Member for Macdonnell (Mr Bell) addressing the Chair -
Mr Stone moved - That the question be now put.
Question - That the question be now put - put.
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 15 NOES, 7
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Stirling
Mr McCarthy Mr Tipiloura
Mr Ortmann
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Page 229
Question - That the remainder of the Bill stand as printed.
And Mr Bell addressing the Chair -
The Leader of Government Business (Mr Setter) moved - That the question be now put.
Question - That the question be now put - put.
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 15 NOES, 7
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Stirling
Mr McCarthy Mr Tipiloura
Mr Ortmann
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the remainder of Bill stand as printed - put.
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 15 NOES, 7
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Stirling
Mr McCarthy Mr Tipiloura
Mr Ortmann
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Bill to be reported without amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly.
Question - That the report be adopted - put.
Page 230
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 15 NOES, 7
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Stirling
Mr McCarthy Mr Tipiloura
Mr Ortmann
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
The Minister for Education (Mr Stone) moved - That the Bill be now read a third time.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit "now" and add "this day 6 months".
And Mr Bell addressing the Chair -
The Minister for Industries and Development (Mr Hatton) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 8
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mrs Padgham-Purich
Mr McCarthy Mr Stirling
Mr Ortmann Mr Tipiloura
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the amendment moved by Mr Bell be agreed to - put and negatived.
Question - That the Bill be now read a third time -
And the Leader of the Opposition (Mr Ede) addressing the Chair -
Mr Setter moved - That the question be now put.
Question - That the question be now put - put.
Page 231
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 8
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mrs Padgham-Purich
Mr McCarthy Mr Stirling
Mr Ortmann Mr Tipiloura
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the Bill be now read a third time - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 8
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mrs Padgham-Purich
Mr McCarthy Mr Stirling
Mr Ortmann Mr Tipiloura
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Bill read a third time and passed to be a proposed law.
13. CORPORATIONS (NORTHERN TERRITORY) AMENDMENT BILL (No.2) 1991 (Serial 100):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a
second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
14. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Page 232
Paper tabled: The Minister for Education (Mr Stone) laid on the Table the following Paper -
. Port Darwin Electorate Times - the newsletter of the Hon. Shane L. Stone, MLA, Member for Port
Darwin - Build-up edition, 1991.
Debate continued.
Question - put and passed.
The Assembly adjourned at 11.55 p.m. until tomorrow at 10.00 a.m.
====================
ATTENDANCE:
All Members attended the sitting.
Page 233
__________________________________________________________________________________
Date : 13/11/1991
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. NOTICES:
The following notices were given:
Mr Hatton: To present the Ayers Rock Resort Corporation Bill 1991 (Serial 107).
Mr Hatton: To present the Yulara Tourist Village Management Amendment Bill 1991 (Serial 108).
Mr Bailey: To move - That -
(1) this Assembly, noting the large Timorese community in the Northern Territory and their
concerns about the fate of relatives and friends who may have been victims in the reported
massacre of East Timorese people at the hands of Indonesian troops in Dili on Tuesday -
(a) deplores the reported deaths of innocent East Timorese civilians at the hands of the Indonesian military;
(b) calls on the Indonesian Government to hold a full and open inquiry into the incident; and
(c) also calls on the Indonesian Government to recognize the rights of the East Timorese people to have a free
and open society; and
(2) this motion be forwarded to the Indonesian Consul in Darwin and the Indonesian Ambassador to Australia.
4. QUESTIONS:
Questions were asked of Ministers.
5. PROPOSED SUSPENSION OF STANDING ORDERS - MOTION NEGATIVED:
The Leader of the Opposition (Mr Ede) moved - That so much of Standing Orders be suspended as would prevent him moving
the following motion, forthwith -
That, pursuant to Standing Order 251, there be laid on the Table the following documents:
(1) the Partnership Deed concerning the Yulara Development Corporation between Investnorth and the
Commonwealth Trading Bank; the National Commercial Banking Corporation; National Westminster Finance;
Capel Court; Beneficial Finance Corporation; James Hardie Finance, and any trust deeds entered into by
one or more of the parties as a result;
Page 221
(2) all financial projections and reports produced by, for or on behalf of Investnorth Limited,
Investnorth Management Pty Ltd and Investnorth Trust hereinafter referred to as "Investnorth") or any of
their officers, since Investnorth's inception;
(3) any correspondence between the Territory Government and the substantial shareholders in
Yulara Development Company Proprietary Limited, namely the Territory Insurance Office, Henry and
Walker Pty Ltd and National Mutual Royal Bank concerning any Territory Government undertakings or
guarantees concerning profits or returns to the shareholders;
(4) the terms of the Cabinet approval of the establishment of Investnorth, including any
conditions or limitations on the authority of Investnorth to act as agent of the Territory
Government;
(5) any correspondence between the Chief Minister, Treasurer or Attorney-General, or their Departments,
and Investnorth concerning the terms of any express or implied authority for Investnorth to act on
behalf of the Territory Government;
(6) any correspondence between the Territory Government, or any of its agents or authorities and
the Manolas Companies concerning the terms of the lease of the Darwin Sheraton site and any returns or
profits for the Manolas Companies;
(7) all correspondence between the Territory Government and Investnorth since its inception;
(8) all correspondence between the Yulara Development Company Limited, Investnorth Management
Pty Ltd and its auditors, Pannell Kerr Forster concerning the accounts;
(9) any correspondence between the Treasury, the Treasurer and the Chief Minister and his Department
concerning the Territory Government's financial exposure through the activities of Investnorth;
(10) any correspondence between the Territory Loans Management Corporation, Treasury, the
Treasurer, the Chief Minister and his Department concerning the financial status of any loans or
financial arrangements entered into by Investnorth;
(11) all correspondence and supporting documentation detailing agreements entered into by
Investnorth and the State Bank of South Australia and National Australia Limited concerning the
financing of the Alice Springs Sheraton; and
(12) copies of the following reports, if they are not already covered:
(a) Operations and Market Positioning Analysis of the Sheraton by Pannell Kerr and
Forster in 1989;
(b) Report on Expanded Visitor Activities at Yulara by Gillam in 1989;
Page 222
(c) Yulara Market Research Surveys by AGB-McNair in 1990;
(d) Economic Benefits Study of Yulara by Pannell Kerr Forster in 1991; and
(e) Hotel Sales Report by Finch-Freeman on Yulara in 1991.
Debate ensued.
The Chief Minister (Mr Perron) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 11
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Collins
Mr Manzie Mr Ede
Mr McCarthy Mrs Hickey
Mr Ortmann Mr Lanhupuy
Mr Palmer Mrs Padgham-Purich
Mr Perron Mr Smith
Mr Poole Mr Stirling
Mr Reed Mr Tipiloura
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the motion to suspend Standing Orders, be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 11 NOES, 14
Mr Bailey Mr Coulter
Mr Bell Mr Dondas
Mr Cartwright Mr Finch
Mr Collins Mr Hatton
Mr Ede Mr Manzie
Mrs Hickey Mr McCarthy
Mr Lanhupuy Mr Ortmann
Mrs Padgham-Purich Mr Palmer
Mr Smith Mr Perron
Mr Stirling Mr Poole
Mr Tipiloura Mr Reed
Mr Setter
Mr Stone
Mr Vale
Motion negatived accordingly.
6. SUPPLEMENTARY ANSWERS:
The Minister for Industries and Development (Mr Hatton), by leave, gave an answer to a question asked during Question
Time today.
The Minister for Conservation (Mr Reed), by leave, gave answers to questions raised during debate upon the
Appropriation Bill 1991-92 during the course of the October sittings.
Page 223
7. ALCOHOL POLICY - MINISTERIAL STATEMENT - STATEMENT AND PAPERS NOTED:
The Chief Minister (Mr Perron) made a statement relating to the Government's plan to bring alcohol related harm below
the national average by the year 2000.
Papers tabled: Mr Perron laid on the Table the following Papers -
. Media Release by the Chief Minister, the Hon. Marshall Perron, MLA, dated 8 November 1991;
. Paper - "Living with Alcohol in the Northern Territory - Highlights"; and
. Paper - "Living with Alcohol in the Northern Territory - Executive Summary".
Mr Perron moved - That the Assembly take note of the Statement and Papers.
Debate ensued.
____________________
Suspension of sitting: The sitting was suspended between 12.03 p.m. and 2.00 p.m.
____________________
Debate continued.
Personal explanation: The Member for Macdonnell (Mr Bell) made a personal explanation in regard to comments made by
the Minister for Tourism (Mr Vale) during this debate.
Debate continued.
Question - put and passed.
8. FURTHER NOTICES:
The following further notices were given, by leave:
Mr Manzie: To present the Misuse of Drugs Amendment Bill 1991 (Serial 112).
Mr Manzie: To present the Police Administration Amendment Bill (No.3) 1991 (Serial 113).
9. AMENDMENT TO NOTICE OF MOTION:
The Deputy Leader of the Opposition (Mr Bailey), pursuant to Standing Order 103, amended his notice of motion given
earlier this day to read as follows:
(1) That this Assembly -
(a) notes that the large Timorese community in the Northern Territory is greatly
concerned about the fate of relatives and friends who may have been victims in the
reported massacre of East Timorese people at the hands of Indonesian troops in Dili on
Tuesday, 12 November 1991;
(b) deplores the reported massacre of innocent East Timorese civilians;
(c) is of the opinion that the East Timorese have a right to a free and open
society; and
(d) applauds the call by the Australian Government for the Indonesian Government to
hold a full and open inquiry
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into the incident; and that the report of the inquiry be made public.
(2) That the Speaker forward the terms of this Resolution to the Prime Minister forthwith.
10. TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT BILL 1991 (Serial 71); and FORESTRY ACT REPEAL
BILL 1991 (Serial 72):
Suspension of Standing Orders - Take two Bills together: The Minister for Conservation (Mr Reed) moved -
That so much of Standing Orders be suspended as would prevent two Bills, the Territory Parks and Wildlife
Conservation Amendment Bill 1991 (Serial 71); and the Forestry Act Repeal Bill 1991 (Serial 72) -
(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 Reed, pursuant to notice, presented a Bill for an Act to amend the Territory Parks and Wildlife Conservation Act; and
a Bill for an Act to repeal the Forestry 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 Arnhem (Mr Lanhupuy) debate was adjourned.
11. LAND AND BUSINESS AGENTS AMENDMENT BILL 1991 (Serial 78):
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 7, by leave, taken together and agreed to, after debate.
Clause 8 read.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Insert in proposed section 22(2) after "experience gained" the words "for the prescribed
period".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Insert after proposed section 22(2)(d) the following:
"(e) such other person or body as may be prescribed.".
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On the motion of Mr Manzie the following further amendment was agreed to.
Add at the end the following:
"(3) Where a person applies for a licence under section 26 on the basis that the person holds
other prescribed qualifications or experience referred to in subsection (1)(c), the person's
application under section 26 shall be accompanied by a certificate in the prescribed form.".
Clause 8, as amended, agreed to, after debate.
Clause 9 agreed to.
On the motion of Mr Manzie the following new clause was inserted in the Bill -
"9A. INSPECTORS
"Section 64 of the Principal Act is amended -
(a) by inserting after subsection (1)(a) the following:
'(aa) inspect all documents or certificates relating to indemnity insurance
referred to in Part XIIA of a licensed agent or former licensed agent;';
(b) by omitting subsection (1)(c) and substituting the following:
'(c) for the purposes of paragraph (a), (aa) or (b), require a licensed
agent or any other person in whose custody or control those receipt or other books, accounts,
securities, documents, papers or accounting records, or those documents or certificates
relating to indemnity insurance referred to in Part XIIA, are, to produce and to hand over to
him those receipt or other books, accounts, securities, documents, papers or accounting
records or those documents or certificates relating to indemnity insurance referred to in
Part XIIA.'; and
(c) by omitting from subsections (3) and (4) 'referred to in subsection (1)(a) or (b)' and substituting
'or a document or certificate relating to indemnity insurance referred to in subsection (1)'.".
Clause 10 agreed to.
Clause 11 read.
On the motion of Mr Manzie the following amendment was agreed to -
Insert after paragraph (b) the following:
"(c) by inserting after paragraph(j) the following:
'(ja) the licensed agent has failed to take out or to maintain indemnity insurance
referred to in Part XIIA as required by or under this Act;'.".
Clause 11, as amended, agreed to.
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On the motion of Mr Manzie the following new clause was inserted in the Bill -
"11A. INTERPRETATION
"The definition of 'indemnity insurance' in section 108A(1) of the Principal Act is amended -
(a) by omitting from paragraph (b) 'a member' and substituting 'a
member; or';
(b) by omitting from paragraph (c) 'a director; or' and
substituting 'a director,';
(c) by omitting paragraph (d); and
(d) by omitting 'firm, company or trust' and substituting 'firm or
company'.".
On the motion of Mr Manzie the following further new clause was inserted in the Bill, after debate -
"11B. NEW SECTION
"The Principal Act is amended by inserting after section 108B the following:
'108C. CONVEYANCING AGENTS TO INSURE
'A conveyancing agent shall, before commencing to carry on business, take out and maintain with an
authorised insurer indemnity insurance in the sum of 500,000 or the maximum sum agreed under the
arrangements entered into under section 108B with the authorised insurer, whichever is the lesser.
Penalty: $5,000.'.".
Clauses 12 and 13, by leave, taken together and agreed to.
Clause 14 read.
On the motion of Mr Manzie the following amendment was agreed to -
Insert in proposed section 127(1)(k) after "may perform" the words "and the regulation and limits of
those services".
Clause 14, as amended, agreed to.
Clause 15 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from proposed clause 2(a) of proposed Part 1 "including caveats) and memoranda" and insert in its
stead "including caveats but not including leases, mortgages or encumbrances) and memoranda relating to
the sale and transfer of real property".
On the motion of Mr Manzie the following further amendment was agreed to -
Insert after proposed clause 2(c) of proposed Part 1 the following:
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"(d) such other documents with the approval of the Board.".
Clause 15, as amended, agreed to.
Clauses 16 and 17, by leave, taken together and agreed to.
Schedule read.
On the motion of Mr Manzie the following amendment was agreed to -
Insert after the entry relating to sections 20 and 21 the following:
"Section 23A 'section 22' 'section 22(1)'
(twice occurring)".
Schedule, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
____________________
The Acting Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
12. EDUCATION AMENDMENT BILL (No.3) 1991 (Serial 103):
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.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -
. Letter, Ian Johnson, Branch Manager,
Alexander Stenhouse Australia to Ms Sue Kroemer,
COGSO, dated 10 October 1991.
Debate continued.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
. Letter, Peter Lewis, Chairman, Dripstone High School Council to Mr Angus Henry, Chairman, Steering
Committee, Department of Education, dated 10 October 1991.
Debate continued.
Explanation of speech: Mr Bailey, pursuant to Standing Order 54, made an explanation of matter included in his speech.
Debate continued.
Question - put and passed.
Bill read a second time.
Leave refused: The Minister for Education (Mr Stone) seeking leave to enable the motion for the third reading of
the Bill to be moved forthwith -
Objection being raised, leave not granted.
The Assembly thereupon resolved itself into Committee of the Whole.
____________________
In the Committee
(Chairman - Mr Poole)
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Clause 1 agreed to.
Clause 2 read.
And the Member for Macdonnell (Mr Bell) addressing the Chair -
The Minister for Education (Mr Stone) moved - That the question be now put.
Question - That the question be now put - put.
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 15 NOES, 7
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Stirling
Mr McCarthy Mr Tipiloura
Mr Ortmann
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That clause 2 stand as printed - put and passed.
Suspension of Standing Orders: Mr Stone moved - That so much of Standing Orders be suspended as would prevent the
remainder of the Bill being taken as a whole.
Question - That the remainder of the Bill stand as printed.
And the Member for Macdonnell (Mr Bell) addressing the Chair -
Mr Stone moved - That the question be now put.
Question - That the question be now put - put.
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 15 NOES, 7
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Stirling
Mr McCarthy Mr Tipiloura
Mr Ortmann
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Page 229
Question - That the remainder of the Bill stand as printed.
And Mr Bell addressing the Chair -
The Leader of Government Business (Mr Setter) moved - That the question be now put.
Question - That the question be now put - put.
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 15 NOES, 7
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Stirling
Mr McCarthy Mr Tipiloura
Mr Ortmann
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the remainder of Bill stand as printed - put.
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 15 NOES, 7
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Stirling
Mr McCarthy Mr Tipiloura
Mr Ortmann
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Bill to be reported without amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly.
Question - That the report be adopted - put.
Page 230
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 15 NOES, 7
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Stirling
Mr McCarthy Mr Tipiloura
Mr Ortmann
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
The Minister for Education (Mr Stone) moved - That the Bill be now read a third time.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit "now" and add "this day 6 months".
And Mr Bell addressing the Chair -
The Minister for Industries and Development (Mr Hatton) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 8
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mrs Padgham-Purich
Mr McCarthy Mr Stirling
Mr Ortmann Mr Tipiloura
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the amendment moved by Mr Bell be agreed to - put and negatived.
Question - That the Bill be now read a third time -
And the Leader of the Opposition (Mr Ede) addressing the Chair -
Mr Setter moved - That the question be now put.
Question - That the question be now put - put.
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The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 8
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mrs Padgham-Purich
Mr McCarthy Mr Stirling
Mr Ortmann Mr Tipiloura
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the Bill be now read a third time - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 8
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mrs Padgham-Purich
Mr McCarthy Mr Stirling
Mr Ortmann Mr Tipiloura
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Bill read a third time and passed to be a proposed law.
13. CORPORATIONS (NORTHERN TERRITORY) AMENDMENT BILL (No.2) 1991 (Serial 100):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a
second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
14. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
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Paper tabled: The Minister for Education (Mr Stone) laid on the Table the following Paper -
. Port Darwin Electorate Times - the newsletter of the Hon. Shane L. Stone, MLA, Member for Port
Darwin - Build-up edition, 1991.
Debate continued.
Question - put and passed.
The Assembly adjourned at 11.55 p.m. until tomorrow at 10.00 a.m.
====================
ATTENDANCE:
All Members attended the sitting.
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Last updated: 04 Aug 2016