Minutes of Proceedings - 1992-02-25
Sixth Assembly First Session 25/02/1992 Parliamentary Record No. 8
__________________________________________________________________________________
Date : 25/02/1992__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to resolution of the Assembly of 20 November 1991. The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. RETURN TO WRIT - MILLNER DIVISION:
The Clerk produced and laid on the Table the Return to the Writ issued by His Honour the Administrator on 21 November 1991 for the election of a Member
to fill the vacancy in the division of Millner caused by the resignation of Terence Edward Smith.
By endorsement on the writ dated 11 December 1991, it was certified that Kenneth Alan Parish had been elected.
4. MEMBER SWORN - MR K.A. PARISH:
The Member for Millner, Kenneth Alan Parish, was admitted to the Assembly and made and subscribed oaths of allegiance and of office.
5. PETITION:
Mr Coulter presented a petition from 14 citizens of the Northern Territory relating to certain aspects of the Child Care Relief Scheme.
Petition read.
6. LEAVE OF ABSENCE:
The Leader of Government Business (Mr Setter) moved - That leave of absence for this period of sittings be granted to the Minister for Tourism (Mr Vale) on account of ill health.
Question - put and passed.
7. QUESTIONS:
Questions were asked of Ministers.
8. 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 -
That, pursuant to Standing Order 251, the Minister for Industries and Development, during the course of these sittings, lay on the Table -
Copies of all documents and correspondence between the Territory Government, its Ministers and Officers; the
agents or principals of the Manolas Group of Companies; the agents and principals,
Page 271
including shareholders of Foraker Investments; and the Sheraton Group of Companies, its agents and principals - and the same details relating
to Oxley Corporate Finance Limited, concerning:
(a) any undertakings made by or on behalf of the Territory Government concerning loan payments,
operating revenues, cash flow or underwritten activity by any of the other parties;
(b) any contracts, memoranda of understanding, service agreements, or any other document which
purported to bind the Territory Government's freedom of action in any way;
(c) any correspondence concerning the termination or alteration of any agreement between any of the
parties or of any attempt to do so;
(d) any internal Territory Government reports, memoranda or correspondence concerning the
agreements between the parties, the validity or otherwise of the financial projections
concerning the operation of the Darwin Sheraton, its cash flow, occupancy rates and financial
reporting generally; and
(e) any correspondence or agreements concerning any alteration in any legal or equitable interest in
the property known as the Darwin Sheraton, provided that such documentation may not be disclosed
if it has been created since November 1991 and concerns either:
(i) the amount which may be required to be paid to Foraker, Oxley or other parties for it to
consent to an alteration in the particulars of title to the Darwin Sheraton site; or
(ii) any reserve or likely sale price for the Darwin Sheraton.
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, 13 NOES, 10
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 Mr Parish
Mr Perron Mr Stirling
Mr Poole Mr Tipiloura
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Page 272
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, 9 NOES, 14
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Lanhupuy Mr Manzie
Mr Parish Mr McCarthy
Mr Stirling Mr Ortmann
Mr Tipiloura Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
9. OFFICE OF THE AUDITOR-GENERAL, REPORT UPON PUBLIC SECTOR CORPORATIONS, YEAR ENDED 30 JUNE 1991 - PAPER TABLED - PAPER PRINTED:
The Speaker laid on the Table the Annual Report of the Office of the Auditor-General upon Public Sector Corporations for the year ended 30 June 1991.
The Leader of Government Business (Mr Setter) moved - That the Report be printed.
Question - put and passed.
10. ALCOHOL REFORM STRATEGY - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
The Chief Minister (Mr Perron) made a statement relating to the progress of the Northern Territory Government's Alcohol Reform Strategy.
Mr Perron moved - That the Assembly take note of the Statement.
____________________
Suspension of sitting: The sitting was suspended between 11.48 a.m. and 2.00 p.m.
____________________
Debate ensued.
On the motion of the Member for Goyder (Mr McCarthy) debate was adjourned.
11. RELATIONS WITH INDONESIA - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Chief Minister (Mr Perron) made a statement relating to relations between the Northern Territory and Indonesian Governments.
Mr Perron moved - That the Assembly take note of the Statement.
Debate ensued.
Debate continued.
Question - put and passed.
Page 273
12. DISTINGUISHED VISITOR - HONOURABLE TOM HELM, MLC:
The Speaker informed the Assembly of the presence in the gallery of the Hon. Tom Helm, MLC, a Member of the Legislative Council of Western Australia.
The Speaker extended a warm welcome to the distinguished visitor.
13. PUBLICATIONS COMMITTEE, FIFTH REPORT - PAPER TABLED - REPORT ADOPTED:
The Chairman of the Publications Committee (Mr Setter) laid on the Table the Fifth Report of the Publications Committee recommending that the following Papers be printed:
_______________________________________________________________________________
Date
Title Tabled
Mental Health Act, Annual Report 1990-91 2.10.91
Casuarina Coastal Reserve Management Plan 9.10.91
Department of the Chief Minister, Annual Report 1990-91 9.10.91
Treasurer's Annual Financial Statements for the year ended
30 June 1991 10.10.91
Office of the Director of Public Prosecutions, Annual Report 1990-91 10.10.91
Department of Law, Annual Report 1990-91 10.10.91
Juvenile Justice Board of Management, Northern Region,
Annual Report 1990-91 10.10.91
Juvenile Justice Board of Management, Southern Region,
Annual Report 1990-91 10.10.91
Industry and Employment Training Advisory Council, Annual
Report 1990-91 10.10.91
Alice Springs Hospital Management Board, Annual Report 1990-91 12.11.91
Gove District Hospital Management Board, Annual Report 1990-91 12.11.91
Katherine Hospital Management Board, Annual Report 1990-91 12.11.91
Tennant Creek Hospital Management Board, Annual Report 1990-91 12.11.91
Legislative Assembly Members' Superannuation Trust, Annual
Report 1990-91 14.11.91
Listening Devices Act, Annual Report 1990 18.11.91
Northern Territory Racing, Gaming and Liquor Commission,
Annual Report 1991 18.11.91
The Surveyors Board of the Northern Territory, Annual
Report 1990-91 18.11.91
Aboriginal Areas Protection Authority Report 1990-91 18.11.91
Northern Territory Treasury, Annual Report 1990-91 19.11.91
Power and Water Authority, Annual Report 1990-91 19.11.91
Juvenile Justice Act, Annual Report 1984 19.11.91
Juvenile Justice Act, Annual Report 1985 19.11.91
Juvenile Justice Act, Annual Report 1986 19.11.91
Juvenile Justice Act, Annual Report 1987 19.11.91
Juvenile Justice Act, Annual Report 1988 19.11.91
Juvenile Justice Act, Annual Report 1989 19.11.91
Juvenile Justice Act, Annual Report 1990 19.11.91
Department of Transport and Works, Annual Report 1990-91 19.11.91
Department of Mines and Energy, Annual Report 1990-91 19.11.91
Government Printing Office, Financial Statements 1990-91 19.11.91
Sessional Committee on Constitutional Development, Annual
Report 1990-91 19.11.91
Department of Correctional Services, Annual Report 1990-91 19.11.91
Department of Lands and Housing, Annual Report 1990-91 19.11.91
Page 274
_______________________________________________________________________________
Date
Title Tabled
Northern Territory Housing Commission, Annual Report 1990-91 19.11.91
Menzies School of Health Research and Corrigendum, Page 78,
Annual Report 1990-91 19.11.91
Department of the Legislative Assembly, Annual Report 1990-91 20.11.91
Northern Territory Totalizator Administration Board, Annual
Report 1990-91 20.11.91
Department of Primary Industry and Fisheries, Annual Report 1990-91 20.11.91
Northern Territory Government and Public Authorities
Superannuation Scheme, Annual Report 1990-91 20.11.91
Department of Education, Education Advisory Council Report and
Technical and Further Education Advisory Council, Annual Report 1990 20.11.91
Royal Darwin Hospital Management Board, Annual Report 1990-91 20.11.91
Trade Development Zone, Annual Report 1990-91 20.11.91
Northern Territory Local Government Grants Commission,
Federal Grants 1990-91 20.11.91
Northern Territory Local Government Grants Commission,
Financial Statements 1990-91 20.11.91
Strehlow Centre Board, Annual Report 1990-91 20.11.91
Northern Territory Government Conditions of Service Trust,
Annual Report 1990-91 20.11.91
Northern Territory Loans Management Corporation, Annual
Report 1990-91 20.11.91
____________________
Mr Setter moved - That the Report be adopted.
Question - put and passed.
14. PARLIAMENTARY COMMITTEES - VARIATION OF MEMBERSHIP:
The Leader of Government Business (Mr Setter), by leave, moved - That -
(a) the Member for Nhulunbuy (Mr Stirling) be appointed as a member to fill the vacancy on the Committee of Privileges;
(b) the Member for Millner (Mr Parish) be appointed as a member to fill the vacancy on the Subordinate Legislation and Tabled Papers Committee; and
(c) the Member for Nhulunbuy (Mr Stirling) be discharged from further attendance on the Public Accounts Committee and that the Member for Millner
(Mr Parish) be appointed a member of the Committee in his stead.
Debate ensued.
Question - put and passed.
15. DEPUTY CHAIRMAN OF COMMITTEES - WARRANT:
The Speaker laid on the Table the following warrant:
Page 275
WARRANT
Pursuant to the provisions of Standing Order 12, I nominate the Member for Barkly, Mrs Hickey, to act as a Deputy Chairman of Committees,
when requested so to do by the Chairman of Committees.
Given under my hand this 25th day of February, Nineteen Hundred and Ninety Two.
(Sgd) Nick Dondas
Speaker
16. TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT BILL 1991 (Serial 71); and FORESTRY ACT REPEAL BILL 1991 (Serial 72):
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
(Deputy Chairman - Mr Collins)
Territory Parks and Wildlife Conservation Amendment Bill 1991 (Serial 71):
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
The Member for Victoria River (Mr Cartwright) moved the following amendment -
Insert after proposed subsection (2) the following:
"(3) Where in an area of land there is wildlife that -
(a) is threatened or endangered;
(b) is of importance to rare, threatened or migratory animals; or
(c) is significant as a source of food or medicine to Aboriginals,
the Minister shall make a recommendation under subsection (1) to the Administrator that the
Administrator declare the area of land as a protected area under that subsection.
"(4)A person may apply to the Minister for the Minister to make a recommendation under subsection (1)
to the Administrator in respect of an area of land.
"(5) The Minister shall, not later than 28 days after receiving an application under subsection (4) -
(a) make the recommendation sought to the Administrator; or
(b) notify the person of the Minister's refusal to make the recommendation and provide the person
with reasons for the refusal.
Page 276
"(6) A person who receives a notice under subsection (5)(b) may apply to the Local Court for a review of the
Minister's decision not to make the recommendation to the Administrator as sought by the person.
"(7) An application under subsection (6) shall be made not later than 28 days after the date of the Minister's
decision, and the application and the review by the Local Court shall be in accordance with the Local Court
Rules.
"(8) On the review of a decision of the Minister under this section, the Local Court may -
(a) confirm the Minister's decision; or
(b) direct the Minister to make a recommendation to the Administrator under subsection (1) in
accordance with the order of the Court.".
"(9)Where the Local Court gives a direction under subsection (8)(b) the Minister shall, as soon as
practicable, comply with the direction.".
Debate ensued.
Amendment negatived.
Clause 5 agreed to.
Clauses 6 to 11, by leave, taken together and agreed to.
Clause 12 read.
Mr Cartwright moved the following amendment -
Omit "$4,000" and insert in its stead "$10,000".
Debate ensued.
Amendment negatived.
Clause 12 agreed to.
Clause 13 read.
Mr Cartwright moved the following amendment -
Add at the end of proposed section 45 the following:
"(3) Where a plant -
(a) is threatened or endangered within its range;
(b) is an esoteric species of which little is known;
(c) is of importance to rare, threatened or migratory animals; or
(d) is significant as a source of food or medicine to Aboriginals,
the Minister shall make a declaration under subsection (1) in respect of a plant.
"(4)A person may apply to the Minister for the Minister to make a declaration under subsection (1) in respect of a plant.
"(5)The Minister shall, not later than 28 days after receiving an application under subsection (4) -
Page 277
(a) make the declaration under subsection (1); or
(b) notify the person of the Minister's refusal to make the declaration and provide the person
with reasons for the refusal.
"(6)Where a declaration under subsection (1) ceases to be in force by virtue of subsection (2)(a), the
Minister shall, not later than 3 sittings days of the Legislative Assembly after the declaration ceases to be
in force, table in the Legislative Assembly the reasons why Regulations were not made declaring the plant
a protected plant or a specially protected plant.
"(7)Where Regulations are made declaring a plant a protected plant or a specially protected plant, the
Minister shall, in addition to the notice required by section 63(2) of the Interpretation Act, publish a
notice in a newspaper circulating in the Territory stating that the plant is a protected plant or
specially protected plant for the purposes of this Part.".
Debate ensued.
Amendment negatived.
Mr Cartwright moved the following further amendment -
Omit from proposed section 47(1) "Penalty: $2,000 or imprisonment for 6 months" and insert in its stead the following:
"Penalty:In the case of a natural person - $4,000 or imprisonment for 6 months.
In the case of a body corporate - $100,000.".
Debate ensued.
Amendment negatived.
Mr Cartwright moved the following further amendment -
Omit from proposed section 47(2) "Penalty: $2,000 or imprisonment for 6 months" and insert in its stead the following:
"Penalty:In the case of a natural person - $10,000 or imprisonment for 12 months.
In the case of a body corporate - $200,000.".
Amendment negatived.
Mr Cartwright moved the following further amendment -
Insert after proposed section 50 the following:
"50A. REVIEW BY LOCAL COURT
"(1) Notwithstanding section 49(1), a person may apply to the Local Court for a review of the decision of the
Director to grant or refuse to grant a permit or licence applied for under section 48.
Page 278
"(2) An application under subsection (1) shall be made not later than 28 days after the date of the
Director's decision, and the application and the review by the Local Court shall be in accordance
with the Local Court Rules.
"(3) On the review of a decision of the Director under this section, the Local Court may -
(a) confirm the Director's decision; or
(b) quash the decision of the Director and substitute its own decision.
"(4) Where, under subsection (3)(b), the Local Court substitutes its own decision for that of the Director
that decision shall, for the purposes of this Act, be deemed to be the decision of the Director.".
Debate ensued.
Amendment negatived.
Mr Cartwright moved the following further amendment -
Omit from proposed section 52(1) "Penalty: $2,000 or imprisonment for 6 months" and insert in its stead the following:
"Penalty: In the case of a natural person - $10,000 or imprisonment for 12 months.
In the case of a body corporate - $200,000.".
Amendment negatived.
Mr Cartwright moved the following further amendment -
Omit from proposed section 52(2) all words after "the destruction of the plant" and insert in their stead
"was necessary to ensure the economic viability of an agricultural, horticultural or pastoral use of the land.".
Debate ensued.
Amendment negatived.
Clause 13 agreed to.
Clauses 14 to 17, by leave, taken together and agreed to.
Clause 18 read.
On the motion of the Minister for Conservation (Mr Reed) the following amendment was agreed to -
Omit from proposed section 116(1) ", reptiles or "fish" and insert in its stead "or reptiles".
Clause 18, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
Forestry Act Repeal Bill 1991 (Serial 72):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
____________________
Page 279
The Deputy Speaker (Mr Poole) resumed the Chair; the Deputy Chairman (Mr Collins) reported that the Committee had considered the Bills and agreed to the
Territory Parks and Wildlife Conservation Amendment Bill 1991 (Serial 71) with an amendment and the Forestry Act Repeal Bill 1991 (Serial 72) without amendment;
and the report was adopted.
On the motion of the Minister for Conservation (Mr Reed) the Bills were read a third time and passed to be proposed laws.
17. MISUSE OF DRUGS AMENDMENT BILL 1991 (Serial 112); and POLICE ADMINISTRATION AMENDMENT BILL (No.3) 1991 (Serial 113):
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
(Deputy Chairman - Mr Collins)
Misuse of Drugs Amendment Bill 1991 (Serial 112):
Bill, by leave, taken as a whole.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit clause 11(a) and insert in its stead the following:
"(a)by omitting from subsection (1) 'A member of the Police Force of or above the rank of Sergeant
may authorise a person who is not a member of the Police Force to acquire' and substituting 'A
Judge of the Supreme Court may, subject to such conditions as he or she thinks fit, authorise in
writing a member of the Police Force of the Territory, of the Commonwealth, or of a State or
another Territory to acquire or supply';".
Question - That the amendment be agreed to - put.
The Committee divided (Deputy Chairman, Mr Collins, in the Chair) -
AYES, 7 NOES, 14
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Parish Mr Manzie
Mr Tipiloura Mr McCarthy
Mr Ortmann
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Amendment negatived accordingly.
Bill to be reported without amendment.
Page 280
Police Administration Amendment Bill (No.3) 1991 (Serial 113):
Bill, by leave, taken as a whole.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Clause 3 - omit from proposed section 120BA(a), (b), (c) and (d) "has reason to suspect" and insert in its
stead", on reasonable grounds, suspects".
Debate ensued.
Mr Bell, by leave, moved the following amendment to the amendment -
Omit the words ", on reasonable grounds, suspects" and insert in their stead "suspects, on reasonable grounds".
Amendment to the amendment, agreed to.
Amendment, as amended, agreed to.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
____________________
The Deputy Speaker (Mr Poole) resumed the Chair; the Deputy Chairman (Mr Collins) reported that the Committee had considered the Bills and agreed to the
Misuse of Drugs Amendment Bill 1991 (Serial 112) without amendment and the Police Administration Amendment Bill (No.3) 1991 (Serial 113) with an 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.
18. LOCAL GOVERNMENT AMENDMENT BILL (No.3) 1991 (Serial 121):
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
(Deputy Chairman - Mr Collins)
Bill, by leave, taken as a whole.
On the motion of the Acting Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Ortmann) the
following new clause was inserted in the Bill, after debate -
"1A. DATE FOR HOLDING BY-ELECTIONS, &c.
"Section 46B of the Local Government Act is amended by omitting 'fifth' and substituting 'second'.".
Bill, as amended, agreed to.
Bill to be reported with an amendment.
____________________
The Deputy Speaker (Mr Poole) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly; and the report was adopted.
Page 281
On the motion of the Acting Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Ortmann) the Bill was read a third time and passed to be a proposed law.
19. ADJOURNMENT:
The Minister for Education (Mr Stone) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Minister for Education (Mr Stone) laid on the Table the following Paper -
Transcript, Court of Summary Jurisdiction, Special Sitting on the occasion of the Retirement of Stipendiary Magistrate
Denis Joseph Barritt at Alice Springs, Wednesday 29 January 1992 before Miss S. Thomas, CSM.
Debate continued.
Paper tabled - Order to print: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper -
Constitutional Submission by the Respondent, No. NP1584 of 1991, In the Federal Court of Australia Bankruptcy District of the State
of New South Wales, re: Michael Vincent Bourke, Ex Parte: Beneficial Finance Corporation Limited, dated 7 February 1992.
Mr Collins, by leave, moved - That the Paper be printed.
Question - put and passed.
Debate continued.
Question - put and passed.
The Assembly adjourned at 11.20 p.m. until tomorrow at 10.00 a.m.
====================
PAPERS:
The following Papers were deemed to have been presented on Tuesday 25 February 1992:
Annual Reports:
Electrical Workers and Contractors Licensing Board, 8th, 1990-91
National Crime Authority, 1990-91
Public Trustee for the Northern Territory, 1990-91
By-laws:
Amendments of the Northern Territory University (Degrees and Other Awards) By-laws
Financial Administration and Audit Act:
Direction by the Administrator s12(2), dated 31 January 1992
Financial Statement:
Darwin Omnibus Service, 1990-91
Page 282
Regulations 1991:
No.56, Amendments of Territory Parks and Wildlife Conservation By-laws
No.57, Amendment of the Planning Regulations
No.58, Amendment of the Building Regulations
No.59, Amendment of the Crown Lands Regulations
No.60, Amendment of Northern Territory Interest Subsidy Scheme Regulations
No.61, Housing Assistance Schemes Regulations
No.62, Listening Devices Regulations
No.63, Registration Regulations
No.64, Amendments of Instruments Regulations
No.65, Amendments of Powers of Attorney
No.66, Amendments of Real Property Regulations
No.67, Amendments of Real Property (Unit Titles) Regulations
No.68, Workmen's Liens Regulations
No.69, Amendment of the Petroleum (Submerged Lands) Regulations
No.70, Amendments of Local Court Rules
No.71, Amendments of the Supreme Court Rules
No.72, Amendments of Electricity By-laws
No.73, Amendments of Justices Regulations
No.74, Amendments of Education (School Councils) Regulations
No.75, Amendments of Traffic Regulations
No.76, Amendments of the Water Supply and Sewerage Regulations
No.77, Amendment of Work Health Regulations
No.78, Repeal of Hospitals and Medical Services (Traffic) Regulations
Regulations 1992:
No.1, Alice Springs (Todd Mall) By-laws
No.2, Amendments of Prisoners (Interstate Transfer)
No.3, Amendment of Criminal Law (Conditional Release of Offenders) (Home Detention Orders) Regulations.
====================
ATTENDANCE:
All Members attended the sitting except Mr Vale, on leave.
Page 283
__________________________________________________________________________________
Date : 25/02/1992
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to resolution of the Assembly of 20 November 1991. The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. RETURN TO WRIT - MILLNER DIVISION:
The Clerk produced and laid on the Table the Return to the Writ issued by His Honour the Administrator on 21 November 1991 for the election of a Member
to fill the vacancy in the division of Millner caused by the resignation of Terence Edward Smith.
By endorsement on the writ dated 11 December 1991, it was certified that Kenneth Alan Parish had been elected.
4. MEMBER SWORN - MR K.A. PARISH:
The Member for Millner, Kenneth Alan Parish, was admitted to the Assembly and made and subscribed oaths of allegiance and of office.
5. PETITION:
Mr Coulter presented a petition from 14 citizens of the Northern Territory relating to certain aspects of the Child Care Relief Scheme.
Petition read.
6. LEAVE OF ABSENCE:
The Leader of Government Business (Mr Setter) moved - That leave of absence for this period of sittings be granted to the Minister for Tourism (Mr Vale) on account of ill health.
Question - put and passed.
7. QUESTIONS:
Questions were asked of Ministers.
8. 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 -
That, pursuant to Standing Order 251, the Minister for Industries and Development, during the course of these sittings, lay on the Table -
Copies of all documents and correspondence between the Territory Government, its Ministers and Officers; the
agents or principals of the Manolas Group of Companies; the agents and principals,
Page 271
including shareholders of Foraker Investments; and the Sheraton Group of Companies, its agents and principals - and the same details relating
to Oxley Corporate Finance Limited, concerning:
(a) any undertakings made by or on behalf of the Territory Government concerning loan payments,
operating revenues, cash flow or underwritten activity by any of the other parties;
(b) any contracts, memoranda of understanding, service agreements, or any other document which
purported to bind the Territory Government's freedom of action in any way;
(c) any correspondence concerning the termination or alteration of any agreement between any of the
parties or of any attempt to do so;
(d) any internal Territory Government reports, memoranda or correspondence concerning the
agreements between the parties, the validity or otherwise of the financial projections
concerning the operation of the Darwin Sheraton, its cash flow, occupancy rates and financial
reporting generally; and
(e) any correspondence or agreements concerning any alteration in any legal or equitable interest in
the property known as the Darwin Sheraton, provided that such documentation may not be disclosed
if it has been created since November 1991 and concerns either:
(i) the amount which may be required to be paid to Foraker, Oxley or other parties for it to
consent to an alteration in the particulars of title to the Darwin Sheraton site; or
(ii) any reserve or likely sale price for the Darwin Sheraton.
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, 13 NOES, 10
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 Mr Parish
Mr Perron Mr Stirling
Mr Poole Mr Tipiloura
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Page 272
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, 9 NOES, 14
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Lanhupuy Mr Manzie
Mr Parish Mr McCarthy
Mr Stirling Mr Ortmann
Mr Tipiloura Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
9. OFFICE OF THE AUDITOR-GENERAL, REPORT UPON PUBLIC SECTOR CORPORATIONS, YEAR ENDED 30 JUNE 1991 - PAPER TABLED - PAPER PRINTED:
The Speaker laid on the Table the Annual Report of the Office of the Auditor-General upon Public Sector Corporations for the year ended 30 June 1991.
The Leader of Government Business (Mr Setter) moved - That the Report be printed.
Question - put and passed.
10. ALCOHOL REFORM STRATEGY - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
The Chief Minister (Mr Perron) made a statement relating to the progress of the Northern Territory Government's Alcohol Reform Strategy.
Mr Perron moved - That the Assembly take note of the Statement.
____________________
Suspension of sitting: The sitting was suspended between 11.48 a.m. and 2.00 p.m.
____________________
Debate ensued.
On the motion of the Member for Goyder (Mr McCarthy) debate was adjourned.
11. RELATIONS WITH INDONESIA - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Chief Minister (Mr Perron) made a statement relating to relations between the Northern Territory and Indonesian Governments.
Mr Perron moved - That the Assembly take note of the Statement.
Debate ensued.
Debate continued.
Question - put and passed.
Page 273
12. DISTINGUISHED VISITOR - HONOURABLE TOM HELM, MLC:
The Speaker informed the Assembly of the presence in the gallery of the Hon. Tom Helm, MLC, a Member of the Legislative Council of Western Australia.
The Speaker extended a warm welcome to the distinguished visitor.
13. PUBLICATIONS COMMITTEE, FIFTH REPORT - PAPER TABLED - REPORT ADOPTED:
The Chairman of the Publications Committee (Mr Setter) laid on the Table the Fifth Report of the Publications Committee recommending that the following Papers be printed:
_______________________________________________________________________________
Date
Title Tabled
Mental Health Act, Annual Report 1990-91 2.10.91
Casuarina Coastal Reserve Management Plan 9.10.91
Department of the Chief Minister, Annual Report 1990-91 9.10.91
Treasurer's Annual Financial Statements for the year ended
30 June 1991 10.10.91
Office of the Director of Public Prosecutions, Annual Report 1990-91 10.10.91
Department of Law, Annual Report 1990-91 10.10.91
Juvenile Justice Board of Management, Northern Region,
Annual Report 1990-91 10.10.91
Juvenile Justice Board of Management, Southern Region,
Annual Report 1990-91 10.10.91
Industry and Employment Training Advisory Council, Annual
Report 1990-91 10.10.91
Alice Springs Hospital Management Board, Annual Report 1990-91 12.11.91
Gove District Hospital Management Board, Annual Report 1990-91 12.11.91
Katherine Hospital Management Board, Annual Report 1990-91 12.11.91
Tennant Creek Hospital Management Board, Annual Report 1990-91 12.11.91
Legislative Assembly Members' Superannuation Trust, Annual
Report 1990-91 14.11.91
Listening Devices Act, Annual Report 1990 18.11.91
Northern Territory Racing, Gaming and Liquor Commission,
Annual Report 1991 18.11.91
The Surveyors Board of the Northern Territory, Annual
Report 1990-91 18.11.91
Aboriginal Areas Protection Authority Report 1990-91 18.11.91
Northern Territory Treasury, Annual Report 1990-91 19.11.91
Power and Water Authority, Annual Report 1990-91 19.11.91
Juvenile Justice Act, Annual Report 1984 19.11.91
Juvenile Justice Act, Annual Report 1985 19.11.91
Juvenile Justice Act, Annual Report 1986 19.11.91
Juvenile Justice Act, Annual Report 1987 19.11.91
Juvenile Justice Act, Annual Report 1988 19.11.91
Juvenile Justice Act, Annual Report 1989 19.11.91
Juvenile Justice Act, Annual Report 1990 19.11.91
Department of Transport and Works, Annual Report 1990-91 19.11.91
Department of Mines and Energy, Annual Report 1990-91 19.11.91
Government Printing Office, Financial Statements 1990-91 19.11.91
Sessional Committee on Constitutional Development, Annual
Report 1990-91 19.11.91
Department of Correctional Services, Annual Report 1990-91 19.11.91
Department of Lands and Housing, Annual Report 1990-91 19.11.91
Page 274
_______________________________________________________________________________
Date
Title Tabled
Northern Territory Housing Commission, Annual Report 1990-91 19.11.91
Menzies School of Health Research and Corrigendum, Page 78,
Annual Report 1990-91 19.11.91
Department of the Legislative Assembly, Annual Report 1990-91 20.11.91
Northern Territory Totalizator Administration Board, Annual
Report 1990-91 20.11.91
Department of Primary Industry and Fisheries, Annual Report 1990-91 20.11.91
Northern Territory Government and Public Authorities
Superannuation Scheme, Annual Report 1990-91 20.11.91
Department of Education, Education Advisory Council Report and
Technical and Further Education Advisory Council, Annual Report 1990 20.11.91
Royal Darwin Hospital Management Board, Annual Report 1990-91 20.11.91
Trade Development Zone, Annual Report 1990-91 20.11.91
Northern Territory Local Government Grants Commission,
Federal Grants 1990-91 20.11.91
Northern Territory Local Government Grants Commission,
Financial Statements 1990-91 20.11.91
Strehlow Centre Board, Annual Report 1990-91 20.11.91
Northern Territory Government Conditions of Service Trust,
Annual Report 1990-91 20.11.91
Northern Territory Loans Management Corporation, Annual
Report 1990-91 20.11.91
____________________
Mr Setter moved - That the Report be adopted.
Question - put and passed.
14. PARLIAMENTARY COMMITTEES - VARIATION OF MEMBERSHIP:
The Leader of Government Business (Mr Setter), by leave, moved - That -
(a) the Member for Nhulunbuy (Mr Stirling) be appointed as a member to fill the vacancy on the Committee of Privileges;
(b) the Member for Millner (Mr Parish) be appointed as a member to fill the vacancy on the Subordinate Legislation and Tabled Papers Committee; and
(c) the Member for Nhulunbuy (Mr Stirling) be discharged from further attendance on the Public Accounts Committee and that the Member for Millner
(Mr Parish) be appointed a member of the Committee in his stead.
Debate ensued.
Question - put and passed.
15. DEPUTY CHAIRMAN OF COMMITTEES - WARRANT:
The Speaker laid on the Table the following warrant:
Page 275
WARRANT
Pursuant to the provisions of Standing Order 12, I nominate the Member for Barkly, Mrs Hickey, to act as a Deputy Chairman of Committees,
when requested so to do by the Chairman of Committees.
Given under my hand this 25th day of February, Nineteen Hundred and Ninety Two.
(Sgd) Nick Dondas
Speaker
16. TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT BILL 1991 (Serial 71); and FORESTRY ACT REPEAL BILL 1991 (Serial 72):
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
(Deputy Chairman - Mr Collins)
Territory Parks and Wildlife Conservation Amendment Bill 1991 (Serial 71):
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
The Member for Victoria River (Mr Cartwright) moved the following amendment -
Insert after proposed subsection (2) the following:
"(3) Where in an area of land there is wildlife that -
(a) is threatened or endangered;
(b) is of importance to rare, threatened or migratory animals; or
(c) is significant as a source of food or medicine to Aboriginals,
the Minister shall make a recommendation under subsection (1) to the Administrator that the
Administrator declare the area of land as a protected area under that subsection.
"(4)A person may apply to the Minister for the Minister to make a recommendation under subsection (1)
to the Administrator in respect of an area of land.
"(5) The Minister shall, not later than 28 days after receiving an application under subsection (4) -
(a) make the recommendation sought to the Administrator; or
(b) notify the person of the Minister's refusal to make the recommendation and provide the person
with reasons for the refusal.
Page 276
"(6) A person who receives a notice under subsection (5)(b) may apply to the Local Court for a review of the
Minister's decision not to make the recommendation to the Administrator as sought by the person.
"(7) An application under subsection (6) shall be made not later than 28 days after the date of the Minister's
decision, and the application and the review by the Local Court shall be in accordance with the Local Court
Rules.
"(8) On the review of a decision of the Minister under this section, the Local Court may -
(a) confirm the Minister's decision; or
(b) direct the Minister to make a recommendation to the Administrator under subsection (1) in
accordance with the order of the Court.".
"(9)Where the Local Court gives a direction under subsection (8)(b) the Minister shall, as soon as
practicable, comply with the direction.".
Debate ensued.
Amendment negatived.
Clause 5 agreed to.
Clauses 6 to 11, by leave, taken together and agreed to.
Clause 12 read.
Mr Cartwright moved the following amendment -
Omit "$4,000" and insert in its stead "$10,000".
Debate ensued.
Amendment negatived.
Clause 12 agreed to.
Clause 13 read.
Mr Cartwright moved the following amendment -
Add at the end of proposed section 45 the following:
"(3) Where a plant -
(a) is threatened or endangered within its range;
(b) is an esoteric species of which little is known;
(c) is of importance to rare, threatened or migratory animals; or
(d) is significant as a source of food or medicine to Aboriginals,
the Minister shall make a declaration under subsection (1) in respect of a plant.
"(4)A person may apply to the Minister for the Minister to make a declaration under subsection (1) in respect of a plant.
"(5)The Minister shall, not later than 28 days after receiving an application under subsection (4) -
Page 277
(a) make the declaration under subsection (1); or
(b) notify the person of the Minister's refusal to make the declaration and provide the person
with reasons for the refusal.
"(6)Where a declaration under subsection (1) ceases to be in force by virtue of subsection (2)(a), the
Minister shall, not later than 3 sittings days of the Legislative Assembly after the declaration ceases to be
in force, table in the Legislative Assembly the reasons why Regulations were not made declaring the plant
a protected plant or a specially protected plant.
"(7)Where Regulations are made declaring a plant a protected plant or a specially protected plant, the
Minister shall, in addition to the notice required by section 63(2) of the Interpretation Act, publish a
notice in a newspaper circulating in the Territory stating that the plant is a protected plant or
specially protected plant for the purposes of this Part.".
Debate ensued.
Amendment negatived.
Mr Cartwright moved the following further amendment -
Omit from proposed section 47(1) "Penalty: $2,000 or imprisonment for 6 months" and insert in its stead the following:
"Penalty:In the case of a natural person - $4,000 or imprisonment for 6 months.
In the case of a body corporate - $100,000.".
Debate ensued.
Amendment negatived.
Mr Cartwright moved the following further amendment -
Omit from proposed section 47(2) "Penalty: $2,000 or imprisonment for 6 months" and insert in its stead the following:
"Penalty:In the case of a natural person - $10,000 or imprisonment for 12 months.
In the case of a body corporate - $200,000.".
Amendment negatived.
Mr Cartwright moved the following further amendment -
Insert after proposed section 50 the following:
"50A. REVIEW BY LOCAL COURT
"(1) Notwithstanding section 49(1), a person may apply to the Local Court for a review of the decision of the
Director to grant or refuse to grant a permit or licence applied for under section 48.
Page 278
"(2) An application under subsection (1) shall be made not later than 28 days after the date of the
Director's decision, and the application and the review by the Local Court shall be in accordance
with the Local Court Rules.
"(3) On the review of a decision of the Director under this section, the Local Court may -
(a) confirm the Director's decision; or
(b) quash the decision of the Director and substitute its own decision.
"(4) Where, under subsection (3)(b), the Local Court substitutes its own decision for that of the Director
that decision shall, for the purposes of this Act, be deemed to be the decision of the Director.".
Debate ensued.
Amendment negatived.
Mr Cartwright moved the following further amendment -
Omit from proposed section 52(1) "Penalty: $2,000 or imprisonment for 6 months" and insert in its stead the following:
"Penalty: In the case of a natural person - $10,000 or imprisonment for 12 months.
In the case of a body corporate - $200,000.".
Amendment negatived.
Mr Cartwright moved the following further amendment -
Omit from proposed section 52(2) all words after "the destruction of the plant" and insert in their stead
"was necessary to ensure the economic viability of an agricultural, horticultural or pastoral use of the land.".
Debate ensued.
Amendment negatived.
Clause 13 agreed to.
Clauses 14 to 17, by leave, taken together and agreed to.
Clause 18 read.
On the motion of the Minister for Conservation (Mr Reed) the following amendment was agreed to -
Omit from proposed section 116(1) ", reptiles or "fish" and insert in its stead "or reptiles".
Clause 18, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
Forestry Act Repeal Bill 1991 (Serial 72):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
____________________
Page 279
The Deputy Speaker (Mr Poole) resumed the Chair; the Deputy Chairman (Mr Collins) reported that the Committee had considered the Bills and agreed to the
Territory Parks and Wildlife Conservation Amendment Bill 1991 (Serial 71) with an amendment and the Forestry Act Repeal Bill 1991 (Serial 72) without amendment;
and the report was adopted.
On the motion of the Minister for Conservation (Mr Reed) the Bills were read a third time and passed to be proposed laws.
17. MISUSE OF DRUGS AMENDMENT BILL 1991 (Serial 112); and POLICE ADMINISTRATION AMENDMENT BILL (No.3) 1991 (Serial 113):
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
(Deputy Chairman - Mr Collins)
Misuse of Drugs Amendment Bill 1991 (Serial 112):
Bill, by leave, taken as a whole.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit clause 11(a) and insert in its stead the following:
"(a)by omitting from subsection (1) 'A member of the Police Force of or above the rank of Sergeant
may authorise a person who is not a member of the Police Force to acquire' and substituting 'A
Judge of the Supreme Court may, subject to such conditions as he or she thinks fit, authorise in
writing a member of the Police Force of the Territory, of the Commonwealth, or of a State or
another Territory to acquire or supply';".
Question - That the amendment be agreed to - put.
The Committee divided (Deputy Chairman, Mr Collins, in the Chair) -
AYES, 7 NOES, 14
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Parish Mr Manzie
Mr Tipiloura Mr McCarthy
Mr Ortmann
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Amendment negatived accordingly.
Bill to be reported without amendment.
Page 280
Police Administration Amendment Bill (No.3) 1991 (Serial 113):
Bill, by leave, taken as a whole.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Clause 3 - omit from proposed section 120BA(a), (b), (c) and (d) "has reason to suspect" and insert in its
stead", on reasonable grounds, suspects".
Debate ensued.
Mr Bell, by leave, moved the following amendment to the amendment -
Omit the words ", on reasonable grounds, suspects" and insert in their stead "suspects, on reasonable grounds".
Amendment to the amendment, agreed to.
Amendment, as amended, agreed to.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
____________________
The Deputy Speaker (Mr Poole) resumed the Chair; the Deputy Chairman (Mr Collins) reported that the Committee had considered the Bills and agreed to the
Misuse of Drugs Amendment Bill 1991 (Serial 112) without amendment and the Police Administration Amendment Bill (No.3) 1991 (Serial 113) with an 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.
18. LOCAL GOVERNMENT AMENDMENT BILL (No.3) 1991 (Serial 121):
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
(Deputy Chairman - Mr Collins)
Bill, by leave, taken as a whole.
On the motion of the Acting Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Ortmann) the
following new clause was inserted in the Bill, after debate -
"1A. DATE FOR HOLDING BY-ELECTIONS, &c.
"Section 46B of the Local Government Act is amended by omitting 'fifth' and substituting 'second'.".
Bill, as amended, agreed to.
Bill to be reported with an amendment.
____________________
The Deputy Speaker (Mr Poole) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly; and the report was adopted.
Page 281
On the motion of the Acting Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Ortmann) the Bill was read a third time and passed to be a proposed law.
19. ADJOURNMENT:
The Minister for Education (Mr Stone) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Minister for Education (Mr Stone) laid on the Table the following Paper -
Transcript, Court of Summary Jurisdiction, Special Sitting on the occasion of the Retirement of Stipendiary Magistrate
Denis Joseph Barritt at Alice Springs, Wednesday 29 January 1992 before Miss S. Thomas, CSM.
Debate continued.
Paper tabled - Order to print: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper -
Constitutional Submission by the Respondent, No. NP1584 of 1991, In the Federal Court of Australia Bankruptcy District of the State
of New South Wales, re: Michael Vincent Bourke, Ex Parte: Beneficial Finance Corporation Limited, dated 7 February 1992.
Mr Collins, by leave, moved - That the Paper be printed.
Question - put and passed.
Debate continued.
Question - put and passed.
The Assembly adjourned at 11.20 p.m. until tomorrow at 10.00 a.m.
====================
PAPERS:
The following Papers were deemed to have been presented on Tuesday 25 February 1992:
Annual Reports:
Electrical Workers and Contractors Licensing Board, 8th, 1990-91
National Crime Authority, 1990-91
Public Trustee for the Northern Territory, 1990-91
By-laws:
Amendments of the Northern Territory University (Degrees and Other Awards) By-laws
Financial Administration and Audit Act:
Direction by the Administrator s12(2), dated 31 January 1992
Financial Statement:
Darwin Omnibus Service, 1990-91
Page 282
Regulations 1991:
No.56, Amendments of Territory Parks and Wildlife Conservation By-laws
No.57, Amendment of the Planning Regulations
No.58, Amendment of the Building Regulations
No.59, Amendment of the Crown Lands Regulations
No.60, Amendment of Northern Territory Interest Subsidy Scheme Regulations
No.61, Housing Assistance Schemes Regulations
No.62, Listening Devices Regulations
No.63, Registration Regulations
No.64, Amendments of Instruments Regulations
No.65, Amendments of Powers of Attorney
No.66, Amendments of Real Property Regulations
No.67, Amendments of Real Property (Unit Titles) Regulations
No.68, Workmen's Liens Regulations
No.69, Amendment of the Petroleum (Submerged Lands) Regulations
No.70, Amendments of Local Court Rules
No.71, Amendments of the Supreme Court Rules
No.72, Amendments of Electricity By-laws
No.73, Amendments of Justices Regulations
No.74, Amendments of Education (School Councils) Regulations
No.75, Amendments of Traffic Regulations
No.76, Amendments of the Water Supply and Sewerage Regulations
No.77, Amendment of Work Health Regulations
No.78, Repeal of Hospitals and Medical Services (Traffic) Regulations
Regulations 1992:
No.1, Alice Springs (Todd Mall) By-laws
No.2, Amendments of Prisoners (Interstate Transfer)
No.3, Amendment of Criminal Law (Conditional Release of Offenders) (Home Detention Orders) Regulations.
====================
ATTENDANCE:
All Members attended the sitting except Mr Vale, on leave.
Page 283
Last updated: 04 Aug 2016