Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1996-05-21

Seventh Assembly First Session 21/05/1996 Parliamentary Record No. 22
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Date : 21/05/1996
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1. MEETING:
    The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable T.R. McCarthy, took the Chair.

2. PRAYERS.

3. DISTINGUISHED VISITOR:
    The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of the Honourable John Williams, former Member of the Western Australian Legislative Council, and Mrs Sylvia Williams.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.

4. MESSAGE FROM THE ADMINISTRATOR:
    The Speaker advised Honourable Members that he had received the following Message from His Honour the Administrator -
    Message No. 20
    I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of Australia, advise the Legislative Assembly that, pursuant to section 7 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, I have given my assent to the following proposed laws:
    20 March 1996:
      Associations Incorporation Amendment Act 1996
      Cobourg Peninsula Aboriginal Land and Sanctuary Amendment Act 1996
      Misuse of Drugs Amendment Act 1996
      Rights of the Terminally Ill Amendment Act 1996
      Stock Routes and Travelling Stock Amendment Act 1996
      Summary Offences Amendment Act 1996
      Trustee (Consequential Amendments) Act 1996
    27 March 1996
      Consumer Affairs and Fair Trading Amendment Act 1996
      Mining Amendment Act 1996
    10 April 1996
      Criminal Code Amendment Act (No. 2) 1996
      Criminal Code Amendment Act (No. 3) 1996
      Criminal Code Amendment Act (No. 4) 1996

    19 April 1996
      Fire and Emergency Act 1996
      Fire and Emergency (Consequential Amendments) Act 1996
      Status of Children Amendment Act 1996
    29 April 1996
      Sentencing (Consequential Amendments) Act 1996
    Dated 16th day of May 1996.
(Sgd) AUSTIN ASCHE
Administrator
    (Paper 2400)

5. NOTICES:
    The following notices were given:
      Mr Stone: To present the Police Administration Amendment Bill (No. 2) 1996 (Serial 164).
      Mr Hatton: To present the Statute Law Revision Bill 1996 (Serial 156).
      Mr Hatton: To present the Bail Amendment Bill 1996 (Serial 157).
      Mr Hatton: To present the Criminal Code Amendment Bill 1996 (Serial 161).
      Mr Hatton: To present the Criminal Code Amendment Bill (No. 2) 1996 (Serial 162).
      Mr Hatton: To present the Northern Territory Employment and Training Authority Amendment Bill 1996 (Serial 163).
      Mr Reed: To present the Mine Management Amendment Bill 1996 (Serial 160).
      Mr Manzie: To present the Juvenile Justice Amendment Bill 1996 (Serial 158).
      Mr Manzie: To present the Sentencing (Consequential Amendments) Amendment Bill 1996 (Serial 159).
      Mr Manzie: To present the Prisons (Correctional Services) Amendment Bill 1996 (Serial 165).

6. QUESTIONS:
    Questions were asked of Ministers.
    Paper tabled: The Minister for Health Services (Mr Finch) laid on the Table the following Paper -
      Health and Community Services Information Strategy - The Business Case, dated February 1995 (revised March 1995) (Paper 2401).
    Member named and suspended: And the Member for Macdonnell (Mr Bell) continuing to interject when called to order by the Chair -
    The Speaker named the Member for Macdonnell (Mr Bell) for continuing to interject when called to order by the Chair.
    The Leader of Government Business (Mr Coulter) moved - That the Member for Macdonnell (Mr Bell) 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, 15 NOES, 8

Mr Adamson Mr Ah Kit
Mr Baldwin Mr Bailey
Mrs Braham Mr Bell
Mr Burke Mr Ede
Mr Coulter Mrs Hickey
Mr Finch Ms Martin
Mr Hatton Mr Rioli
Mr Manzie Mr Stirling
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
      And so it was resolved in the affirmative.
    The Member for Macdonnell (Mr Bell) was therefore suspended at 10.44 a.m. for 24 hours, pursuant to Standing Order 241 and he accordingly withdrew from the Chamber.
      Further questions were asked of Ministers.
      Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper -
      Letter, Hon Shane Stone, MLA, Chief Minister to Hon John Howard, MP, Prime Minister, dated 14 May 1996 (Paper 2402).

7. SUSTAINABLE USE OF WILDLIFE, DRAFT POLICY - MINISTERIAL STATEMENT - PAPERS TABLED - STATEMENT - NOTED:
    The Minister for Parks and Wildlife(Mr Coulter) made a statement relating to a draft policy on the Sustainable Use of Wildlife (Paper 2406).
      Papers tabled: Mr Coulter laid on the Table the following Papers -
      Draft - A Strategy for Conservation through the Sustainable Use of Wildlife in the Northern Territory of Australia, Parks and Wildlife Commission of the Northern Territory (Paper 2403);
      Draft - A Trial Management Program for the Red-Tailed Black Cockatoo, Calyptorhynchus banksii, in the Northern Territory of Australia, Parks and Wildlife Commission of the Northern Territory dated December 1995 (Paper 2404); and
      Draft - A Trial Management Program for Cycads in the Northern Territory of Australia, Parks and Wildlife Commission of the Northern Territory, dated December 1995 (Paper 2405).
      Mr Coulter moved - That the Assembly take note of the Statement.
      Debate ensued.
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      Suspension of sitting: The sitting was suspended between 12 noon and 2.00 p.m.
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      Debate resumed.
    Paper tabled: The Minister for Parks and Wildlife (Mr Coulter) laid on the Table the following Paper -
      Paper, On Development, by Ingmar Egede, Inuit Circumpollar Conference, Greenland, dated 18 January 1994 (Paper 2407).
      Question - put and passed.

8. PROTECTION OF DARWIN HARBOUR - MINISTERIAL STATEMENT - STATEMENT NOTED:
    The Minister for Power and Water (Mr Burke) made a statement relating to the protection of the Darwin Harbour (Paper 2408).
      Paper tabled: Mr Burke laid on the Table the following Paper -
      Pamphlet, Beneficial Uses for Darwin Harbour Water Quality Management, Power and Water Authority (Paper 2409).
      Mr Burke moved - That the Assembly take note of the Statement.
      Debate ensued.
      Question - put and passed.

9. MATTER OF PUBLIC IMPORTANCE - CONSTITUTIONAL CONVENTION:
    The Speaker informed the Assembly that the Leader of the Opposition (Mrs Hickey) had proposed the following definite matter of public importance be submitted to the Assembly for discussion this day -
      “this Assembly expresses its concern at the failure of the Chief Minister to support the recommendation of the Select Committee on Constitutional Development to hold a Constitutional Convention.”
      The proposed discussion having received the necessary support -
      The Speaker called on Mrs Hickey to address the Assembly.
      Discussion ensued.
    The Deputy Leader of the Opposition (Mr Bailey), pursuant to Standing Order 94(2), moved - That the Business of the Day be called on forthwith.
      Question - put and negatived.
      Discussion continued.
      Discussion concluded.

10. COMPETITION POLICY REFORM (NORTHERN TERRITORY) BILL 1996 (Serial 122):
    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 ensued.
      Question - put and passed.
      Bill read a second time.
      Leave granted for a motion for the third reading of the Bill to be moved forthwith.
    On the motion of the Chief Minister (Mr Stone) the Bill was read a third time and passed to be a proposed law.
11. ORDER OF BUSINESS:
    The Leader of Government Business (Mr Coulter) moved - That Government Business, Order of the Day No. 2 relating to the Liquor Amendment Bill 1996 (Serial 139) be postponed to the next sitting day.
      Question - put and passed.

12. MOTOR VEHICLES AMENDMENT BILL 1996 (Serial 137) and TRAFFIC AMENDMENT BILL 1996 (Serial 138):
    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 ensued.
      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
(Chairman - Mr Setter)

      Motor Vehicles Amendment Bill 1996 (Serial 137)
      Clauses 1 to 3, by leave, taken together and agreed to.
    On the motion of the Minister for Transport and Works (Mr Palmer) the following new clauses, by leave, were taken together and inserted in the Bill -
      "3A. REPEAL AND SUBSTITUTION
          "Section 8 of the Principal Act is repealed and the following substituted:

'8. REGISTRATION OF MOTOR VEHICLES
          'Subject to this Act, the Registrar -
          (a) shall register, and from time to time renew the registration of, a motor vehicle in respect of which the requirements of Part VIA and Schedule 4 are complied with; and
          (b) may register, and from time to time renew the registration of, a motor vehicle on such conditions as the Registrar thinks fit.'.
      "3B. GRANTING OF LICENCES
        "Section 10 of the Principal Act is amended by inserting after subsection (6) the following:
        '(7) The Registrar may, before granting a licence to drive a motor vehicle to a person -
              (a) test; or
                (b) arrange for an approved person to test,
              whether the person is capable of driving a motor vehicle of the particular class in relation to which the licence is sought.'.".
              Clause 4 read.
              On the motion of Mr Palmer the following amendment was agreed to -
                Add at the end of proposed subsection (1A) the following:
                "(1B) Prior to a test being conducted for the purposes of section 10(7), payment shall be made of the prescribed fee.
                "(1C) Where a test is conducted by a person who is not an officer or employee of the Public Service of Australia or an employee as defined in the Public Sector Employment and Management Act, the person may charge the prescribed fee for conducting the test.".
                Clause 4, as amended, agreed to.
                Clause 5 agreed to.
                Clause 6 read.
                On the motion of Mr Palmer the following amendment was agreed to -
              Omit from proposed subsection (3)(b) "or the issue of a permit under section 107A or 107B" and insert in its stead "under section 107A or the issue of a permit under section 107B".

                Clause 6, as amended, agreed to.
                Clause 7 read.
              On the motion of Mr Palmer the following amendments, by leave, were taken together and agreed to -

              Omit from proposed subsection (3)(b) "or the issue of a permit under section 107A or 107B" and insert in its stead "under section 107A or the issue of a permit under section 107B".


                Omit subclause (2).

                Clause 7, as amended, agreed to.

              On the motion of Mr Palmer the following new clauses, by leave, were taken together and inserted in the Bill -

                "7A. EXEMPTION OF VEHICLES
                    "Section 59 of the Principal Act is amended -
                      (a) by omitting 'Part VA or the Standards' and substituting 'Part VA, the Standards or Schedule 4'; and
                        (b) by adding at the end the following:
                    '(2) The Registrar may, by notice in the Gazette, exempt a class of vehicles from Part VA, the Standards or Schedule 4 on such conditions as the Registrar thinks fit and specifies in the notice, including the condition that the exemption only applies to vehicles in relation to which an application in the approved form, accompanied by the prescribed fee, has been made by the vehicle's owner and accepted by the Registrar.
                      "7B. PROOF OF EXEMPTION DEFENCE IN CERTAIN CASES
                          "Section 60 of the Principal Act is amended -
                            (a) by omitting 'Part VA or the Standards' (first occurring) and substituting 'Part VA, the Standards or Schedule 4'; and
                              (b) by omitting 'alleged offence, exempted from the operation of Part VA or the Standards, as the case may be' and substituting 'alleged offence, exempted from the operation of Part VA, the Standards or Schedule 4, as the case may be'.".
                          Clauses 8 to 14, by leave, taken together and agreed to.
                          Clause 15 read.
                          On the motion of Mr Palmer the following amendment was agreed to -
                        Add at the end of proposed paragraph (e) in paragraph (c) "or cancel or suspend a permit issued under section 137B where the vehicle is driven in contravention of section 137B".

                          Clause 15, as amended, agreed to.
                          Clause 16 read.
                        On the motion of Mr Palmer the following amendments, by leave, were taken together and agreed to -

                        Omit from proposed section 107(3)(a) "or permit was in force in relation to the vehicle under section 107A or 107B" and insert in its stead "under section 107A or permit under section 107B was in force in relation to the vehicle".

                        Omit from proposed section 107(3)(b) "or permit was in force under section 107A or 107B" and insert in its stead "under section 107A or permit under section 107B was in force".


                        Omit from proposed section 107(4) "or for a permit under section 107A or 107B" and insert in its stead "under section 107A or permit under section 107B".

                          Clause 16, as amended, agreed to.
                          Clauses 17 to 23, by leave, taken together and agreed to.
                          Clause 24 read.
                          On the motion of Mr Palmer the following amendment was agreed to -
                        Omit from paragraph (c) proposed paragraphs (d)(i)(B) and (C) and insert in their stead the following:

                            "(B) where the refund relates to money paid for the amendment of the registration of the vehicle under section 107A - an amount, for each day in the unexpired part of the reconfiguration period, calculated by dividing the money paid for the amendment by the number of days in the reconfiguration period;
                            (C) where the refund relates to money paid for the issue of a permit under section 107B - an amount for each day in the unexpired part of the reconfiguration period, calculated by dividing the money paid for the permit by the number of days in the reconfiguration period, but no such refund is payable in respect of any day within the first 7 days of the reconfiguration period; and/or
                            (D) where the refund relates to money paid for the issue of an exemption under section 59 - 1/12 of the fee payable for 12 months exemption for each complete calendar month in the unexpired period of the exemption;".
                          On the motion of Mr Palmer the following further amendment was agreed to -
                        Omit from paragraph (c), from proposed paragraph (d)(iv), "permit" and insert in its stead "permit, exemption under section 59".

                          On the motion of Mr Palmer the following further amendment was agreed to -
                          Omit from paragraph (c) proposed subparagraph (vi).
                          Clause 24, as amended, agreed to.
                          Clause 25 agreed to.
                          On the motion of Mr Palmer the following new clause was inserted in the Bill -
                            "25A. TEMPORARY LICENCES
                              "Section 137 of the Principal Act is amended by omitting from paragraph (b) 'prescribed in this Act other than the purpose for which it is registered or licensed,' and substituting 'in relation to which a greater compensation contribution would be required under section 47 than that paid as compensation contribution at the time the vehicle was registered,'.".
                              Clauses 26 and 27, by leave, taken together and agreed to.
                              Schedule read.
                              On the motion of Mr Palmer the following amendment was agreed to -
                              Omit the Schedule and insert in its stead the following:

                          "SCHEDULE
                          Section 27
                              ________________________________________________________________

                              Provision Amendment
                              _____________________________________________________________

                              omit substitute
                              _________________________________________

                              Section 14(5) "Penalty: $10."

                              Section 20(1) "Penalty: $40."
                              and (4)

                              Sections 35(1)(f)(iii) "under the Motor "as a motor vehicle
                              and 37(1)(b)(iii) Vehicle Dealers dealer under the
                              Act"Consumer Affairs and Fair Trading Act"

                              Section 35(5) "33" "33, 33A"

                              Section 98(1) "Penalty: $100."

                              Section 102AA(1) "Commercial "Commercial Passenger"
                              Passengers"

                              Section 138(1)(ae) "$1,000" "$2,000 in respect
                              of an individual or
                              $10,000 in respect of a corporation"

                              Schedule 4 Item 13
                              ________________________________________________________________".
                              Schedule, as amended agreed to.
                              Title agreed to.
                              Bill to be reported with amendments.
                              Traffic Amendment Bill 1996 (Serial 138)
                              Bill, by leave, taken as a whole.
                            On the motion of Mr Palmer the following amendments, by leave, were taken together and agreed to -
                            Insert in clause 6 at the end of proposed section 33A(2)(a) “and the registration is not void outside of, or of effect only within, the State or Territory in which registration occurred”.
                            Insert in clause 6 in proposed section 33A(2)(b) after “arising out of the use of the motor vehicle” the words “and the policy is not void outside of, or of effect only within, the State or Territory in which registration occurred”.
                              Bill, as amended, agreed to.
                              Bill to be reported with amendments.
                          _______________________________

                            The Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Setter) reported accordingly; and the report was adopted.
                            On the motion of the Minister for Transport and Works (Mr Palmer) the Bills were read a third time and passed to be proposed laws.

                          13. ADJOURNMENT:
                            The Deputy Chief Minister (Mr Reed) moved - That the Assembly do now adjourn.
                            Debate ensued.
                            Papers tabled: The Member for Arnhem (Mr Ah Kit), by leave, laid on the Table the following Papers -
                              List of Attendees, Eight Commonwealth Parliamentary Seminar, Hong Kong, 13 - 18 May 1996 (Paper 2412);
                              Letter to Delegates, 8th Commonwealth Parliamentary Seminar, from Sir Colin Shepherd, MP, Chairman of the Executive Committee, dated 17 May 1996 (Paper 2413);
                              Proceedings of the Closing Ceremony and Dinner, 8th Commonwealth Parliamentary Seminar, Hong Kong, 17 May 1996 (Paper 2414);
                              “Access to Information by the Legislative Council”, Speech, Hon Eric LI Ka-cheung, JP, Chairman, Public Accounts Committee, Hong Kong Legislative Council (Paper 2415);
                              “Access to Information by the Legislature”, Paper, Mr Wilson Tuckey, MP, House of Representatives (Paper 2416);
                              Speech by the Rt Hon Christopher Patten, Governor, at the opening of the 8th Commonwealth Parliamentary Seminar, Hong Kong (Paper 2417);
                              Speech, “Relationship Between the Legislature and Executive”, Hon James Tien (Paper 2418);
                              House of Commons, Public Information Office, Factsheet No. 6, “The Post-1979 Departmental Select Committee Structure” revised November 1995 (Paper 2419);
                              House of Commons, Public Information Office, Factsheet No. 43, “Standing Committees” revised February 1995 (Paper 2420);
                              Speech “Support Services to Members of Parliament”, Mr S. N. Mishra, Secretary-General, Lok Sabha and Honorary Secretary, India CPA Branch (Paper 2421);
                              Support Services to Members of Parliament, paper by Mr S. N. Mishra, Secretary-General, Lok Sabha and Honorary Secretary, India CPA Branch (Paper 2422);
                              The Citizenship Dilemma of Hong Kong’s Ethnic Minorities, Briefing Paper by Office of Christine Loh, Legislative Councillor, dated April 1996 (Paper 2423);
                              Note on the Preparatory Committee (PC), Briefing Paper by Office of Margaret Ng, Legislative Councillor, dated April 1996 (Paper 2424);
                              Note on the Provisional LegCo (PL), Briefing Paper by Office of Margaret Ng, Legislative Councillor, dated April 1996 (Paper 2425);
                              The Legislative Council Order, paper, Wednesday 15 May 1996 (Paper 2426);
                              8th Commonwealth Parliamentary Seminar, Hong Kong, Daily Diary, Thursday 16 May 1996 (Paper 2427);
                              Parliamentary Procedures for the Control of Public Expenditure, paper by Hon Ben Okorro, MP, Speaker of the National Parliament of Papua New Guinea (Paper 2428);
                              Legislative Procedures in Malaysia, paper by Dr Afiffuddin Omar, Regional Representative, South East Asian Region (Paper 2429);
                              The Powers and Privileges of the Legislature, Paper by Hon Albert Busomtwi-Sam, MP, Ghana Branch (Paper 2430);
                              Parliamentary Procedures in the Control of Public Expenditure, Speech by Dr Hon Yeung Sum, Hong Kong (Paper 2431);
                              Paper on the sequence of events arising out of a matter of privilege during the Ninth Session of the Eighth Lok Sabha by Subhash C. Kashyap, dated August 1988 (Paper 2432);
                              Parliament and the Media, paper by Cliff Bale, Executive Committee Member, Hong Kong Journalist’s Association (Paper 2433);
                              Committee System, draft speech by Dr Hon Leong Che-hung, OBE, JP, Chairman of the Legislative Council House Committee (Paper 2434);
                              Parliamentary Procedure for the Scrutiny of Legislation, paper by Mr Anil Moonesinghe, MP, Deputy Speaker of Parliament, Sri Lanka (Paper 2435);
                              Speech, “Role of the Legislature in Policy Formulation”, Hon Ronald Arculli, Hong Kong (Paper 2436);
                              Role of the Legislature in Policy Formulation, paper by Honourable Datuk Wong Soon Koh (Paper 2437);
                              Parliament and the Media, paper by Hon Kenneth Allen, MLC, Monserrat (Paper 2438);
                              The Basic Law of the Hong Kong Special Administrative Region, speech by Mr Daniel R. Fung, QC, JP, Solicitor-General (Paper 2439);
                              Speech by the Chief Secretary, the Hon Mrs Anson Chan, CBE, JP at the 8th Commonwealth Parliamentary Seminar, Hong Kong (Paper 2440);
                              Seminar Handbook, 8th Commonwealth Parliamentary Seminar, Hong Kong, 13 to 18 May 1996 (Paper 2441);
                              The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, book (Paper 2442); and
                              Ah Kit threat to euthanasia, article, Katherine Times, dated 15 May 1996 (Paper 2443).
                              Debate continued.
                              Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper -
                              Certificate in Public Sector Management Course, list of names of successful graduates (Paper 2444).
                              Question - put and passed.
                              And the Assembly adjourned at 7.34 p.m. until tomorrow at 10.00 a.m.
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                          PAPERS:
                            The following Papers were deemed to have been presented on Tuesday 21 May 1996:
                              Financial Statements:
                              ANZ Executors & Trustees Company Limited and its controlled entities, A. C. N. 006 132 332, for the year ended 30 September 1995 (Paper 2410)
                              Austrust Limited and its controlled entity, A. C. N. 007 869 794, for the year ended 30 June 1995 (Paper 2411).
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                            ATTENDANCE:
                            All Members attended the sitting except Dr Lim, on leave.
                          Last updated: 04 Aug 2016