Minutes of Proceedings - 1997-04-23
Seventh Assembly First Session 22/04/1997 Parliamentary Record No. 32
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Date : 23/04/1997__________________________________________________________________________________
1. MEETING:
2. PRAYERS.
3. PETITION:
4. QUESTIONS:
5. PERSONAL EXPLANATION:
6. SUPPLEMENTARY ANSWER TO A QUESTION:
7. PROPOSED CENSURE OF THE CHIEF MINISTER - MOTION NEGATIVED:
AYES, 8 NOES, 16
Mr Ah Kit Mr Adamson
Mr Bailey Mr Baldwin
Mr Bell Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Toyne Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
8. POSSIBLE SALE OF GOVERNMENT ASSETS - MINISTERIAL STATEMENT - STATEMENT NOTED:
AYES, 13 NOES, 8
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bailey
Mr Burke Mr Bell
Mr Coulter Mrs Hickey
Mr Hatton Ms Martin
Dr Lim Mr Rioli
Mr Manzie Mr Stirling
Mr Mitchell Mr Toyne
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
AYES, 13 NOES, 8
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bailey
Mr Burke Mr Bell
Mr Coulter Mrs Hickey
Mr Hatton Ms Martin
Dr Lim Mr Rioli
Mr Manzie Mr Stirling
Mr Mitchell Mr Toyne
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
10.INDEPENDENT ELECTORAL COMMISSION BILL 1996 (Serial 208); and NORTHERN TERRITORY ELECTORAL AMENDMENT BILL 1996 (Serial 209):
12. INFRASTRUCTURE BONDS IN THE FEDERAL BUDGET - MOTION AS AMENDED, AGREED TO:
13. ANTISOCIAL BEHAVIOUR IN THE COMMUNITY - MOTION AS AMENDED, AGREED TO:
17. ASSOCIATIONS INCORPORATION BILL 1997 (Serial 229):
18. FURTHER NOTICE:
19. ADJOURNMENT:
ATTENDANCE
All Members attended the sitting.
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Date : 23/04/1997
1. MEETING:
- The Assembly met at 10:00h, pursuant to adjournment. The Speaker, the Honourable T.R. McCarthy, took the Chair.
2. PRAYERS.
3. PETITION:
- The Member for Barkly (Mrs Hickey) presented a petition from 221 petitioners requesting that a comprehensive Freedom of Information Act be passed by the Northern Territory Parliament as a matter of urgency (Paper 3168).
Petition read.
4. QUESTIONS:
- 10:02 Mrs Hickey to Mr Stone.
10:14 Mrs Braham to Mr Stone.
10:21 Mrs Padgham-Purich to Mr Reed.
10:28 Mr Bailey to Mr Stone.
10:42 Dr Lim to Mr Hatton.
10:47 Mrs Hickey to Mr Stone.
10:49 Mr Adamson to Mr Stone.
10:55 Ms Martin to Mr Reed.
10:58 Mr Setter to Mr Manzie.
Paper tabled: The Minister for Mines and Energy (Mr Manzie) laid on the Table the following Paper -
Invitation to Submit a Proposal for the Establishment and Operation of the Darwin Offshore Supply Base (Paper 3169).
The Leader of Government Business (Mr Coulter) asked that further questions be placed on the Question Paper.
5. PERSONAL EXPLANATION:
- The Deputy Leader of the Opposition (Mr Bailey), by leave, made a personal explanation regarding comments made by the Chief Minister (Mr Stone) during Question Time today.
Paper tabled: Mr Bailey, by leave, laid on the Table the following Papers -
Letter, Mr John Bailey, MLA, Deputy Leader of the Opposition, to Commissioner Brian Bates, Northern Territory Police, dated 13 March 1997 (Paper 3171);
Letter, Mr Iain Summers, Auditor-General of the Northern Territory, to Mr John Bailey, MLA, Deputy Leader of the Opposition re Grants to North Australian Film Cororation, dated 8 April 1997 (Paper 3172); and
Letter, Mr Brian Bates, Commissioner of Police, to Mr John Bailey, MLA, Deputy Leader of the Opposition, dated 3 April 1997 (Paper 3173).
6. SUPPLEMENTARY ANSWER TO A QUESTION:
- The Minister for Lands, Planning and Environment (Mr Reed) gave a supplementary answer to a question asked by the Member for Fannie Bay (Ms Martin) during question time this day.
7. PROPOSED CENSURE OF THE CHIEF MINISTER - MOTION NEGATIVED:
- At 11:13h the Deputy Leader of the Opposition (Mr Bailey) moved - That so much of Standing Orders be suspended as would prevent him moving a motion censuring the Chief Minister (Mr Stone) for breaching statutory obligations as Minister for Education and breach of trust.
- The Leader of Government Business (Mr Coulter), informed the Assembly that the Government, pursuant to Standing Order 95, accepted the notice of motion as a censure motion.
- Question - That the motion to suspend Standing Orders be agreed to - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
- Mr Bailey thereupon moved - That this Assembly -
- (a) censures in the strongest possible terms the Chief Minister for -
- (i) breach of statutory obligations placed upon him as Minister for Education during the 1991/92 financial year by the Financial Administration and Audit Act; and
(ii) breach of trust;
- (b) further condemns him for his failure to adequately disclose these activities under the control of his administration; and
- (c) expresses concern that the facts and circumstances of these breaches are prima facie evidence of official corruption (Paper 3170).
- Debate ensued.
The Chief Minister (Mr Stone) moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 8 NOES, 16
Mr Ah Kit Mr Adamson
Mr Bailey Mr Baldwin
Mr Bell Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Toyne Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- Motion negatived accordingly.
8. POSSIBLE SALE OF GOVERNMENT ASSETS - MINISTERIAL STATEMENT - STATEMENT NOTED:
- The Treasurer (Mr Reed) made a statement relating to the possible sale of its interests in the Ayers Rock Resort and the unsold land and buildings at the Trade Development Zone (Paper 3174).
Point of Order: The Member for Macdonnell (Mr Bell) raised a point of order regarding the allowing of the Treasurer to make a statement after the usual time for the luncheon adjournment.
Statement by Speaker: The Speaker advised that he had allowed the Treasurer to make the statement as it was a short statement and would be finished by 12:30h.
Dissent from Speaker’s decision: The Member for Macdonnell (Mr Bell) thereupon moved dissent from the Speaker’s decision.
The Leader of Government Business (Mr Coulter) moved - That the question be now put.
Question - put and passed.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 13 NOES, 8
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bailey
Mr Burke Mr Bell
Mr Coulter Mrs Hickey
Mr Hatton Ms Martin
Dr Lim Mr Rioli
Mr Manzie Mr Stirling
Mr Mitchell Mr Toyne
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- And so it was resolved in the affirmative.
Member named and suspended: And the Deputy Leader of the Opposition (Mr Bailey) continuing to interject and reflect on the Speaker’s decision -
The Speaker (Mr McCarthy) named the Deputy Leader of the Opposition (Mr Bailey) for disorderly conduct.
The Leader of Government Business (Mr Coulter) thereupon moved - That the Deputy Leader of the Opposition (Mr Bailey) be suspended from the service of the Assembly.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 13 NOES, 8
Mr Adamson Mr Ah Kit
Mrs Braham Mr Bailey
Mr Burke Mr Bell
Mr Coulter Mrs Hickey
Mr Hatton Ms Martin
Dr Lim Mr Rioli
Mr Manzie Mr Stirling
Mr Mitchell Mr Toyne
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- And so it was resolved in the affirmative.
The Deputy Leader of the Opposition (Mr Bailey) was, therefore, pursuant to Standing Order 241, suspended at 12:24h for 24 hours and he accordingly withdrew from the Chamber.
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- Mr Reed moved - That the Assembly take note of the Statement.
Debate ensued.
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- Suspension of sitting: The sitting was suspended between 12:33h and 14:30h.
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- Debate resumed.
Question - put and passed.
- The Clerk having read the notice -
The Member for Macdonnell (Mr Bell), by leave, made a statement explaining the reason for his not proceeding with Notice No. 1 standing in his name on the Notice Paper for this day, the Criminal Code (Domestic Violence Restraining Orders) Amendment Bill 1996(Serial 210).
And the Member not rising - notice lapsed.
10.INDEPENDENT ELECTORAL COMMISSION BILL 1996 (Serial 208); and NORTHERN TERRITORY ELECTORAL AMENDMENT BILL 1996 (Serial 209):
- The Leader of the Opposition (Mrs Hickey) moved - That so much of Standing Orders be suspended as would prevent Bills entitled Independent Electoral Commission Bill 1996 (Serial 208) and Northern Territory Electoral Amendment Bill 1996 (Serial 209) -
- (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 the Committee of the Whole.
- Mrs Hickey, pursuant to notice, presented a Bill for an Act to establish an independent electoral commission for the Northern Territory and for related purposes and a Bill for an Act to amend the Northern Territory Electoral Act consequential on the passing of the Independent Electoral Commission Act.
Bills read a first time.
Mrs Hickey moved - That the Bills be now read a second time.
On the motion of the Minister for Transport and Works (Mr Coulter) debate was adjourned.
- The Leader of the Opposition (Mrs Hickey), pursuant to notice, presented a Bill for an Act to require information concerning documents held by government to be made available to members of the community, to enable members of the community to obtain access to documents held by government and to enable members of the community to ensure that documents held by the government concerning their personal affairs are accurate, complete, up-to-date and not misleading, and for related matters.
Bill read a first time.
Mrs Hickey moved - That the Bill be now read a second time.
On the motion of the Leader of Government Business (Mr Coulter) debate was adjourned.
12. INFRASTRUCTURE BONDS IN THE FEDERAL BUDGET - MOTION AS AMENDED, AGREED TO:
- The Leader of the Opposition (Mrs Hickey), pursuant to notice, moved - That this Parliament unanimously calls upon the Liberal-National Federal Coalition to include a replacement for infrastructure bonds in the federal budget, to be delivered on 13 May 1997, in order to enable the AustralAsia (Darwin-Alice Springs) Railway to proceed (Paper 3175).
- The Leader of Government Business (Mr Coulter) moved - That all words after “unanimously” be omitted and that the following words be inserted in their stead:
- “1. supports the Federal Government’s recognition of the importance of private investment in infrastructure projects whereby it will consider in the budget a number of alternative arrangements for continuing support for genuine infrastructure projects such as the Adelaide to Darwin railway; and
- “2. applauds the steps taken by the Federal Government to prevent abuse of the infrastructure borrowings taxation concession instituted by the Labor Government which, if left unchecked, would have posed a major threat to revenue.” (Paper3176).
Paper tabled: The Minister for Transport and Works (Mr Coulter) laid on the Table the following paper -
- Debate continued.
The Member for Nhulunbuy (Mr Stirling) moved - That all words in Mr Coulter’s amendment after “concession” be omitted.
Debate continued.
The Leader of the Opposition (Mrs Hickey) moved - That Part 2 of Mr Coulter’s amendment be omitted.
Ordered that the amendments moved by Mr Stirling and Mrs Hickey, by leave, be withdrawn and that Part 2 of Mr Coulter’s amendment, by leave, be withdrawn.
Question - That Part 1 of Mr Coulter’s amendment be agreed to - put and passed.
Question - That the motion as amended be agreed to - put and passed.
13. ANTISOCIAL BEHAVIOUR IN THE COMMUNITY - MOTION AS AMENDED, AGREED TO:
- The Leader of the Opposition (Mrs Hickey), pursuant to Notice moved - That the Northern Territory Parliament apologises to the people of the Northern Territory:
(1) for this Parliament’s failure over the last 23 years to provide long term and permanent solutions to the antisocial behaviour affecting our community;
(2) for the harm Territorians suffer from the increasing level of violence that remains unanswered; and
(3) for the fear Territorians must live with because the high rate of burglaries destroys their sense of safety and security in their homes and business (Paper 3179).
Paper tabled: The Leader of the Opposition (Mrs Hickey) laid on the Table the following paper -
- Debate ensued.
The Chief Minister (Mr Stone) moved - That all words after “That the Northern Territory Parliament apologises to the people of the Northern Territory;” be omitted and replaced with the words:
- 1. for the Opposition’s failure over the last 23 years to support long term and permanent solutions to the antisocial behaviour affecting our community, in particular, in failing to support the 1982 two kilometre law against public drinking, the NT Criminal Code (1983) and mandatory sentencing regime of 1997;
- 2. for the harm Territorians suffer through the distraction of the NT Police from crime suppression duties by politically motivated calls by the Opposition for investigations into the Australian Electoral Office and other matters, and the prolongation of those investigations by nuisance calls from the office of the Opposition Leader demanding police interview people irrelevant to the investigation;
- 3. for the fear Territorians must live with because of the wilfully exaggerated reports of increased property crime despite statistics which reveal a 10% decline in such figures in the past year; and
- 4. for the repeated attacks upon, and unfounded allegations against, the Police Commissioner and his officers by the Opposition in pursuit of their political agenda (Paper 3180).
- Debate continued.
- Question - That the amendment be agreed to - put and passed.
Question - That the motion as amended be agreed to - put and passed.
- The Member for Fannie Bay (Ms Martin), at the request of and on behalf of the Member for Wanguri (Mr Bailey), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
Bill read a first time.
Ms Martin moved - That the Bill be now read a second time.
On the motion of the Member for Araluen (Mr Poole)debate was adjourned.
- The Order of the Day having been read for the resumption of debate on the motion that the Bill be now read a second time -
Debate ensued.
Paper tabled: The Member for Jingili (Mr Setter), by leave, laid on the Table the following paper -
- The Member for Macdonnell (Mr Bell) moved the following amendment -
Add the following words to the motion “That the Bill be now read a second time”:
- “and that this Assembly expresses its concern about the recent manner of reporting of the deliberations of the Public Accounts Committee of this Assembly” (Paper3182).
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- And the Member for Macdonnell (Mr Bell) having raised a point of order relating to the use of words inferring that Members had acted in an unbecoming manner -
And the Speaker having called for the Member to withdraw the words -
Dissent from Deputy Speaker’s ruling: The Member for Macdonnell (Mr Bell) moved dissent from Deputy Speaker’s (Mrs Braham) ruling and submitted his dissent in writing (Paper 3183).
Debate ensued.
Mr Bell moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the motion of dissent from the Deputy Speaker’s ruling - put and negatived.
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- The Leader of Government Business (Mr Coulter) moved - That the amendment moved by Mr Bell, be put.
Question - That the question be now put - put and passed.
Question - That the amendment be agreed to - put and negatived.
- Debate continued.
Question - That the Bill be now read a second time - put and negatived.
- The Order of the Day having been read for the resumption of debate on the motion that the Bill be now read a second time -
On the motion of the Minister for Education (Mr Finch) consideration of the Bill was postponed until a later hour.
17. ASSOCIATIONS INCORPORATION BILL 1997 (Serial 229):
- The Attorney General (Mr Burke), pursuant to notice, presented a Bill for an Act to provide for the incorporation of associations and for related purposes.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
18. FURTHER NOTICE:
- The following further notices, by leave, were given:
Mr Coulter: To present the Motor Vehicles Amendment Bill 1997 (Serial 227).
Mr Coulter: To present the Traffic Amendment Bill 1997 (Serial 228).
19. ADJOURNMENT:
- The Minister for Education (Mr Finch) moved - That the Assembly do now adjourn.
Debate ensued.
And the Assembly adjourned at 23:42h until 10:00h Thursday 24 April 1997.
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ATTENDANCE
All Members attended the sitting.
Last updated: 04 Aug 2016