Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1993-11-24

Sixth Assembly First Session 23/11/1993 Parliamentary Record No. 22
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Date : 24/11/1993
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1. The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable N.M. Dondas, took the Chair.

2. PRAYERS.

3. PETITION:
Mr Collins presented a petition from 285 petitioners requesting that the Assembly repeals Regulation 79A or
amends the Traffic Act to give cyclists over 17 years of age a choice in the wearing of a cycle helmet.
Petition read.

4. NOTICES:
The following notices were given:
Mr Manzie: To present the Power and Water Authority Amendment Bill 1993 (Serial 287).
Mr Manzie: To present the Evidence Amendment Bill 1993 (Serial 288).
Mr Finch: To present the Northern Territory Employment and Training Authority Amendment Bill 1993 (Serial 286).

5. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Minister for Health and Community Services (Mr Reed) laid on the Table the following Paper -

Letter, Hon. Mike Reed, Minister for Health and Community Services to Senator B.K. Childs, Chairman,
Standing Committee on Industry Science and Technology, Australian Senate, dated 27 October 1993.

Further questions were asked of Ministers.
Supplementary answer: The Minister for Lands, Housing and Local Government (Mr Hatton) gave a supplementary answer to
a question asked by the Member for Macdonnell (Mr Bell) during the Adjournment Debate on Tuesday 23 November 1993.
Personal explanation: The Member for Macdonnell (Mr Bell), by leave, pursuant to Standing Order 57, made an explanation
relating to comments made by the Minister for Lands, Housing and Local Government (Mr Hatton) during the supplementary
answer this day.

6. SUBORDINATE LEGISLATION AND TABLED PAPERS COMMITTEE - FIFTEENTH REPORT:
The Chairman of the Subordinate Legislation and Tabled Papers Committee (Mr Setter) laid on the Table the Fifteenth
Report of the Subordinate Legislation and Tabled Papers Committee.

7. ELECTORAL ACT - REPORT OF THE DISTRIBUTION COMMITTEE, 1993 - PAPERS TABLED - MOTION TO APPROVE REPORT:
The Chief Minister (Mr Perron) laid on the Table the 1993 Report of the Distribution Committee -

Volume 1, 1993 Distribution of the Northern Territory into Electoral Divisions; and
Volume 2, 1993 Distribution of the Northern Territory into Electoral Divisions.

Mr Perron made a statement relating thereto.
Mr Perron, by leave, moved - That the Assembly resolve in terms of section 18(1) of the Electoral Act that the
distribution of the Northern Territory into electoral divisions, as proposed in the 1993 Report of the
Distribution Committee, be approved.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

8. TOURISM DEVELOPMENT IN THE NORTHERN TERRITORY - PAPER TABLED - PAPER NOTED:
The Minister for Tourism (Mr Coulter) laid on the Table the following Paper -

Directions for Northern Territory Tourist Development, Discussion Paper, "A Commitment to Growth", dated November 1993.

Mr Coulter made a statement relating thereto.
Mr Coulter moved - That the Assembly take note of the Paper.

Debate ensued.
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Suspension of sitting: The sitting was suspended between 11.50 a.m. and 2.00 p.m.
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Debate resumed.
Papers tabled: The Minister for Tourism (Mr Coulter) laid on the Table the following Papers -

Park Manager's Report, Agenda Item 6.1, Kakadu National Park Board of Management, 1-2 September 1993; and
Graphs, Kakadu National Park Visitor Numbers and Kakadu National Park Headquarters Visitor Numbers.

Debate continued.
Question - put and passed.

9. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT AMENDMENT BILL 1993 (Serial 277):
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.
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In the Committee
(Deputy Chairman - Mr Collins)

Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 negatived.
Clause 6 negatived.
Clause 7 agreed to.
Clause 8 negatived.
Title agreed to.
Bill to be reported with amendments.
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The Deputy Speaker (Mr McCarthy) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly; and the
report was adopted.
On the motion of the Minister for Public Employment (Mr Finch) the Bill was read a third time and passed to be a
proposed law.

10. LOCAL GOVERNMENT BILL 1993 (Serial 278); and LOCAL GOVERNMENT (CONSEQUENTIAL AMENDMENTS) BILL 1993 (Serial 279):
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.
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In the Committee
(Deputy Chairman - Mr Collins)

Local Government Bill 1993 (Serial 278):
Clauses 1 to 35, by leave, taken together and agreed to.
Clause 36 read.
On the motion of the Minister for Lands, Housing and Local Government (Mr Hatton) the following amendment was agreed to -

Insert, in subclause (1) after "mayor", the words for such period as the council may specify not
exceeding the term of the council".

Clause 36, as amended, agreed to.
Clause 37 read.
On the motion of Mr Hatton the following amendment was agreed to -

Omit subclause (2) and insert in its stead the following:

"(2) A returning officer shall, under this Division, conduct the first general election within 42
days after being appointed.".

Clause 37, as amended, agreed to.
Clauses 38 to 40, by leave, taken together and agreed to.
Clause 41 read.
On the motion of Mr Hatton the following amendment was agreed to -

Omit "in the municipality" and insert in its stead "the municipality".

Clause 41, as amended, agreed to.
Clauses 42 to 45, by leave, taken together and agreed to.
Clause 46 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -

Insert in paragraph (a), after "that section", the words "or, where that Friday is a public holiday,
the first day immediately preceding that Friday that is not a public holiday"; and

Omit paragraph (b) and insert in its stead the following:

"(b) an election, other than an election under section 38, is the first
Friday after the expiration of 10 days after the date of the last publication, under the
regulations, of the notice inviting nominations for the election or, where that
Friday is a public holiday, the first day immediately preceding that Friday that is not
a public holiday.".

Clause 46, as amended, agreed to.
Clauses 47 to 55, by leave, taken together and agreed to.
Clause 56 read.
On the motion of Mr Hatton the following amendment was agreed to -

Insert, after "council", the words "(but not of its committees)".

Clause 56, as amended, agreed to.
Clause 57 agreed to.
Clause 58 read.
On the motion of Mr Hatton the following amendment was agreed to -

Omit paragraph (c) from subclause (2) and insert in its stead the following:

"(c) land that belongs to a religious body and is occupied and used in connection
with -

(i) a church or other building used or occupied for public worship;

(ii) a building used or occupied solely as the residence of a minister of religion in
connection with any such church or building;

(iii) a building used or occupied for the purpose of religious teaching or training; or

(iv) a building used or occupied solely as the residence of the official head of any
religious body in the Territory or in any parish within the Territory;".

Clause 58, as amended, agreed to.
Clause 59 agreed to.
Clause 60 read.
On the motion of Mr Hatton the following amendment was agreed to -

Omit subclause (3).

Clause 60, as amended, agreed to.
On the motion of Mr Hatton the following new clause was inserted in the Bill -

"60A. RATEPAYER TO ADVISE OF CHANGE OF ADDRESS

"A person liable to pay rates and charges shall, within 28 days after any change to the address to
which notices relating to those rates and charges may be sent by a council, advise the clerk in writing of
that change.

Penalty: $500.".

Clauses 61 to 71A, agreed to.
On the motion of Mr Hatton the following amendment was agreed to -

Omit the heading to Division 4 of Part 4.

Clause 72 agreed to.
On the motion of Mr Hatton the following new Division Heading was inserted in the Bill -

"Division 4 - Payment of Rates and Charges".

Clauses 73 to 78, by leave, taken together and agreed to.
Clause 79 read.
On the motion of Mr Hatton the following amendment was agreed to -

Insert, after subclause (3), the following:

"(3A) Notwithstanding subsection (3), a council may, in determining penalties under subsection (1),
determine that where rates and charges are to be paid other than annually and an instalment is not paid on
or before the date on which it is due and payable -

(a) the date on which any future instalment is due and payable is not affected;
and

(b) a penalty under subsection (1) shall be calculated only on the outstanding
instalment on a daily basis from the date on which the missed instalment was due and payable
until the date payment in full is made,

and the amount of the instalment together with any penalty shall be rounded down to the nearest dollar.".

Clause 79, as amended, agreed to.
Clauses 80 to 143, by leave, taken together and agreed to.
Clause 144 read.
On the motion of Mr Hatton the following amendment was agreed to -

Omit from subclauses (2) and (3) "Reserve" (thrice occurring) and insert in its stead
"Provision".

Clause 144, as amended, agreed to.
Clauses 145 to 161, by leave, taken together and agreed to.
Clause 162 read.
On the motion of Mr Hatton the following amendment was agreed to -

Omit "and expenditure" and insert in its stead ", expenditure, assets and liabilities".

Clause 162, as amended, agreed to.
Clause 163 agreed to.
Clause 164 read.
On the motion of Mr Hatton the following amendment was agreed to -

Insert, after "reserve", the words "or provision".

Clause 164, as amended, agreed to.
Clause 165 read.
On the motion of Mr Hatton the following amendment was agreed to -

Omit "reserve" and "Reserve" and insert in their stead "provision" and "Provision" respectively.

Clause 165, as amended, agreed to.
Clauses 166 to 174, by leave, taken together and agreed to.
Clause 175 read.
On the motion of Mr Hatton the following amendment was agreed to -

Omit from subclause (3)(d) "an indictable offence" and insert in its stead "a crime".

Clause 175, as amended, agreed to.
Clauses 176 to 182, by leave, taken together and agreed to.
Clause 183 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -

Omit from paragraph (a) "or stray" and insert in its stead ", stray or unregistered"; and

Omit from paragraph (b) "or unwanted" and insert in its stead ", unregistered or unwanted".

Clause 183, as amended, agreed to.
Clauses 184 to 189, by leave, taken together and agreed to.
Clause 190 negatived.
On the motion of Mr Hatton the following new clause was inserted in the Bill -

"190. PENALTIES

"(1) By-laws may prescribe penalties, not exceeding $3,000 or imprisonment for 6 months, for a
failure to comply with, or a contravention of, the By-laws and, in addition, may prescribe a penalty, not
exceeding $100, for each day during which the failure to comply or contravention continues.

"(2) Where no penalty is expressly prescribed in the By-laws for a failure to comply with, or a
contravention of, the By-laws, a court of competent jurisdiction may impose a penalty not exceeding $2,000
or imprisonment for 3 months in relation to the failure or contravention.".

Clauses 191 to 198, by leave, taken together and agreed to.
Clause 199 read.
On the motion of Mr Hatton the following amendment was agreed to -

Omit "$2,000" and insert in its stead "$3,000".

Clause 199, as amended, agreed to.
Clause 200 read.
On the motion of Mr Hatton the following amendment was agreed to -

Omit from subclause (2)(c) "a Department" and insert in its stead "an Agency".

Clause 200, as amended, agreed to.
Clauses 201 to 208, by leave, taken together and agreed to.
Clause 209 read.
On the motion of Mr Hatton the following amendment was agreed to -

Omit paragraph (b) from subclause (1) and insert in its stead the following:

"(b) the costs and expenses incurred by it in remedying that damage;

(ba) the costs and expenses incurred by it in the execution of work required to be
done by the person and not done; or".

Clause 209, as amended, agreed to.
Clauses 210 to 220, by leave, taken together and agreed to.
Clause 221 read.
On the motion of Mr Hatton the following amendment was agreed to -

Omit from subclause (2)(c) "(including leaseholds)".

Clause 221, as amended, agreed to.
Clauses 222 to 265, by leave, taken together and agreed to.
Schedule 1 agreed to.
Schedule 2 read.
On the motion of Mr Hatton the following amendment was agreed to -

Omit from item 21 "Undertaking" and insert in its stead "Undertakings".

On the motion of Mr Hatton the following further amendment was agreed to -

Omit the cross-heading "Social Security and Welfare Services" and insert in its stead "Social
Services".

On the motion of Mr Hatton the following further amendment was agreed to -

Insert, after item 28, the following:

"28A. Community and Social Development".

On the motion of Mr Hatton the following further amendment was agreed to -

Omit item 30 and insert in its stead the following:

"30. Community Housing (including Council Houses)".

On the motion of Mr Hatton the following further amendment was agreed to -

Insert, after item 36, the following:

"36A. Litter Control".

On the motion of Mr Hatton the following further amendment was agreed to -

Insert, after item 43, the following:

"43A. Arts and Cultural Development".

Schedule 2, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.

Local Government (Consequential Amendments) Bill 1993 (Serial 279):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
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The Deputy Speaker (Mr McCarthy) resumed the Chair; the Deputy Chairman (Mr Collins) reported that the Committee had
considered the Bills and had agreed to - the Local Government Bill 1993 (Serial 278) with amendments and the
Local Government (Consequential Amendments) Bill 1993 (Serial 279) without amendment; and the reports were
adopted.
On the motion of the Minister for Lands, Housing and Local Government (Mr Hatton) the Bills were read a third time and
passed to be proposed laws.

11. MEDICAL SERVICES AMENDMENT BILL 1993 (Serial 276):
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.
The Minister for Health and Community Services (Mr Reed), by leave, moved - That the Bill be now read a third time.
Debate ensued.
Question - put and passed.
Bill read a third time and passed to be a proposed law.

12. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Minister for Asian Relations and Trade (Mr Stone) laid on the Table the following Paper -

National Child Care Accreditation Council Principles Nos 2, 3, 4, 7, 19, 21, part of 24, part of 25, 36 and 37.

Debate continued.
Paper tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Paper -

Newspaper article, "The Hot New Solution", by Yan Wenbin Mainchi News, dated 11 November 1993.

Debate continued.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -

Joint Statement signed by Malcolm Nairn, Vice Chancellor, NT University; Michael Fong, Secretary, Department of
Education; and Colin Young, Secretary, Australian Teachers Union NT Branch), dated 3 June 1993.

Debate continued.
Papers tabled: Mr Bailey, by leave, laid on the Table the following further Papers -

Copies of three photographs, allegedly depicting conditions at a Maningrida outstation school.

Debate continued.
Question - put and passed.
The Assembly adjourned at 8.56 p.m. until tomorrow at 10.00 a.m.

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PAPERS:
The following Papers were deemed to have been presented on Wednesday 24 November 1993:

Annual Reports:
Legislative Assembly Members Superannuation Trust, 1992-93
Menzies School of Health Research, 1992-93
Public Trustee for the Northern Territory, 1992-93
Surveyors Board of the Northern Territory, 1992-93
Territory Insurance Office, 1992-93.

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ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016