Minutes of Proceedings - 1993-03-03
Sixth Assembly First Session 23/02/1993 Parliamentary Record No. 15
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Date : 03/03/1993__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. MESSAGE FROM THE ACTING ADMINISTRATOR:
The Speaker read the following message from His Honour the Acting Administrator:
Message No. 7
I, KEITH JOHN AUSTIN ASCHE, the Acting Administrator of the Northern Territory of Australia, in pursuance of section 11
of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill
for an Act to allow the Territory to pay from the Consolidated Fund any superannuation benefit necessary in
respect of any employee and office-holder in the public sector, where the moneys set aside for superannuation
purposes are inadequate.
Dated 24 February 1993.
(Sgd) AUSTIN ASCHE
Acting Administrator
4. QUESTIONS:
Questions were asked of Ministers.
Papers tabled: The Treasurer (Mr Coulter) laid on the Table the following Papers -
Letter, Hon B.F. Coulter, MLA, Treasurer to Mr Warren Snowdon, MP, dated 1 March 1993;
ABS Statistics - Net Commonwealth Payments;
Sheet 1, Net Commonwealth Payments in 1992/93 Prices, N.T. Treasury, EPA Division, dated 25 February 1993;
Letter, Hon B.F. Coulter, MLA, Treasurer to Mr B. Ede, MLA, Leader of the Opposition, dated 1 March 1993; and
Letter, John Hewson, MP to Hon M.B. Perron, MLA, Chief Minister, dated 3 March 1993.
Further questions were asked of Ministers.
Personal explanation: The Chief Minister (Mr Perron), by leave, made a personal explanation regarding a phrase used
by the Leader of the Opposition (Mr Ede) in asking a question of the Treasurer (Mr Coulter).
Further questions were asked of Ministers.
Personal explanation: The Member for Millner (Mr Parish), by leave, made a personal explanation relating to comments
made by the Minister for Industries and Development (Mr Stone) in answer to a question this day.
Personal explanation: The Minister for Industries and Development (Mr Stone) made a personal explanation relating
to comments made by the Member for Millner (Mr Parish) in his personal explanation earlier this day.
Further questions were asked of Ministers.
5. SELECTIVE INDUSTRY ASSISTANCE - MOTION NEGATIVED:
The Member for Millner (Mr Parish), pursuant to notice, moved - That this Assembly -
1. notes the disastrous consequences for the public finances of the Northern Territory Government's
approach to selective industry assistance; and
2. strongly endorses the provision of non-discriminatory industry assistance measures as a
proper function of Government.
Debate ensued.
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Suspension of sitting: The sitting was suspended between 12.05 p.m. and 2.00 p.m.
____________________
Debate resumed.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 9 NOES, 12
Mr Bailey Mr Coulter
Mr Bell Mr Dondas
Mr Cartwright Mr Finch
Mr Ede Mr Hatton
Mrs Hickey Mr Manzie
Mr Lanhupuy Mr McCarthy
Mr Parish Mr Palmer
Mr Rioli Mr Poole
Mr Stirling Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the negative.
6. LEGISLATION TO MAINTAIN CHECKS AND BALANCES - MOTION NEGATIVED:
The Leader of the Opposition (Mr Ede), pursuant to notice, moved - That this Assembly -
1. notes that systems of responsible Government in the various Australian States have been having
difficulty in maintaining a proper system of checks and balances and that these difficulties are
exacerbated in a unicameral system of Government; and
2. calls on the Northern Territory Government to give early and serious consideration to introducing:
(a) freedom of information legislation;
(b) legislation to ensure full disclosure of donations to political parties;
(c) expanded and improved disclosure legislation for Members of Parliament, their families and
Heads of Departments;
(d) whistleblowers legislation;
(e) a written, binding code of conduct on Cabinet Ministers; and
(f) a mechanism for review of administrative actions.
Debate ensued.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 8 NOES, 13
Mr Bailey Mr Dondas
Mr Cartwright Mr Finch
Mr Ede Mr Hatton
Mrs Hickey Mr Manzie
Mr Lanhupuy Mr McCarthy
Mr Parish Mr Ortmann
Mr Rioli Mr Palmer
Mr Stirling Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the negative.
7. PUBLIC ACCOUNTS COMMITTEE - INDEPENDENCE OF COMMITTEE - MOTION AGREED TO:
The Deputy Leader of the Opposition (Mr Bailey), pursuant to notice, moved - That this Assembly -
1. reaffirms the independence of the Public Accounts Committee; and
2. confirms the right of the Committee to act on its own initiative to examine all those matters
relating to the receipt, control, issue or payment of public moneys and matters ancillary thereto,
pursuant to Standing Order 21A, free from restraint.
Debate ensued.
The Member for Karama (Mr Palmer) 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, 9
Mr Dondas Mr Bailey
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 Rioli
Mr Poole Mr Stirling
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put and passed.
8. MINE SAFETY - MOTION NEGATIVED:
The Member for Arafura (Mr Rioli), pursuant to notice, moved - That - This Assembly -
1. notes the contents of the Report of the Mining Board of the Northern Territory on the safety
record of Woodcutters Mine;
2. calls for the Government to undertake an independent review of mine safety inspection and
regulation in the Northern Territory; and
3. orders that the Minister table such independent report in the Assembly within five sitting days of
its completion.
Paper tabled: Mr Rioli, by leave, laid on the Table the following Paper -
Report to the Minister for Mines and Energy from the Mining Board of the Northern Territory on the
Safety Record of Woodcutters Mine compared to similar operations both within and outside the
Northern Territory with particular reference to recent accidents.
Debate ensued.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 9 NOES, 15
Mr Bailey Mr Collins
Mr Cartwright Mr Coulter
Mr Ede Mr Dondas
Mrs Hickey Mr Finch
Mr Lanhupuy Mr Hatton
Mrs Padgham-Purich Mr Manzie
Mr Parish Mr McCarthy
Mr Rioli Mr Ortmann
Mr Stirling Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the negative.
9. AUSTRALIA TELEVISION INTERNATIONAL SERVICE - MOTION NEGATIVED:
The Deputy Leader of the Opposition (Mr Bailey), pursuant to notice, moved - That - This Assembly -
1. applauds the Commonwealth Government's initiative in establishing the Australia Television
International service in Darwin;
2. calls on the Minister for Asian Relations and Trade to support this initiative; and
3. calls on the Government to work cooperatively with this service to enhance the Northern Territory's
image in our region.
Debate ensued.
Paper tabled: The Chief Minister (Mr Perron) laid on the Table the following Paper -
Cartoon, "And now ... our crew is back with the latest-!".
Debate continued.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 9 NOES, 14
Mr Bailey Mr Coulter
Mr Bell Mr Dondas
Mr Cartwright Mr Finch
Mr Ede Mr Hatton
Mrs Hickey Mr Manzie
Mr Lanhupuy Mr McCarthy
Mr Parish Mr Ortmann
Mr Rioli Mr Palmer
Mr Stirling Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the negative.
10. CRIME STRATEGY FOR THE NORTHERN TERRITORY - MOTION NEGATIVED:
The Leader of the Opposition (Mr Ede), pursuant to notice, moved - That -
This Assembly:
1. notes with concern the Northern Territory's appalling record as a violent society;
2. notes that the Northern Territory Government lacks an overall coordinated crime strategy; and
3. calls on the Northern Territory Government to table such a strategy in the May 1993 sittings of this
Assembly.
Debate ensued.
Paper tabled: The Minister for Correctional Services (Mr Poole) laid on the Table the following Paper -
"5 Year Plan", Department of Correctional Services.
Debate continued.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 9 NOES, 14
Mr Bailey Mr Coulter
Mr Bell Mr Dondas
Mr Cartwright Mr Finch
Mr Ede Mr Hatton
Mrs Hickey Mr Manzie
Mr Lanhupuy Mr McCarthy
Mr Parish Mr Ortmann
Mr Rioli Mr Palmer
Mr Stirling Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the negative.
11. LEGAL PRACTITIONERS AMENDMENT BILL 1993 (Serial 222):
The Member for Macdonnell (Mr Bell), pursuant to notice, presented a Bill for an Act to amend the Legal Practitioners
Act.
Bill read a first time.
Mr Bell moved - That the Bill be now read a second time.
Paper tabled: Mr Bell, by leave, laid on the Table the following Paper -
Appendix B, Notes on the meeting of 26th October of Central Council CLP.
On the motion of the Attorney-General (Mr Stone) debate was adjourned.
12. KAVA CONTROL BILL 1993 (Serial 221):
The Member for Barkly (Mrs Hickey), pursuant to notice, presented a Bill for an Act to control the distribution of
Kava and for related purposes.
Bill read a first time.
Mrs Hickey moved - That the Bill be now read a second time.
Paper tabled: Mrs Hickey, by leave, laid on the Table the following Paper -
Letter, Yirrkala Dhanbul Community Association Incorporated, signed by Bakamumu Marika, Chairman,
Y.D.C.A.I., and Djuwalpi Marika, Town Clerk, Yirrkala Community to Whom it May Concern, dated 1
February 1993.
On the motion of the Minister for Health and Community Services (Mr Reed) debate was adjourned.
13. JUVENILE JUSTICE ACT AND JUVENILE OFFENDERS TURNING 18 YEARS OF AGE IN DETENTION - MOTION NEGATIVED:
The Member for Macdonnell (Mr Bell), pursuant to notice, moved - That - The definition of a Juvenile Offender is that
the person is less than 18 at the time of commission of the offence and this Assembly supports -
1. amending the Juvenile Justice Act to give effect to this; and
2. giving the Courts the power to order those juveniles who will turn 18 while in juvenile
detention to serve the balance of their sentences in an adult prison.
Debate ensued.
And the Assembly having continued to sit until 12 midnight -
THURSDAY 4 MARCH 1993, A.M.
Debate continued.
Question - 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 Ortmann
Mr Rioli Mr Palmer
Mr Stirling Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the negative.
14. CONSULTATIONS IN THE EAST ARNHEM REGION - SESSIONAL COMMITTEE ON THE USE AND ABUSE OF ALCOHOL BY THE COMMUNITY -
PAPER NOTED:
The order of the day having been read for the resumption of the debate on the question - That the Assembly take note of
the Paper -
Debate resumed.
Question - put and passed.
15. DISCHARGE OF BUSINESS:
The Member for Macdonnell (Mr Bell), by leave, moved - That General Business, Orders of the Day No. 2 relating to the
Criminal Code Amendment Bill (No. 3) 1992 (Serial 189) be discharged from the Notice Paper.
Question - put and passed.
16. PUBLIC ACCOUNTS COMMITTEE, ANNUAL REPORT 1991-92 - REPORT NOTED:
The order of the day having been read for the resumption of the debate on the question - That the Assembly take note of
the Report -
Debate resumed.
Question - put and passed.
17. TREASURER'S ANNUAL FINANCIAL STATEMENTS, 1991-92 - PAPER NOTED:
The order of the day having been read for the resumption of the debate on the question - That the Assembly take note of
the Paper -
Debate resumed.
Question - put and passed.
18. CONFIRMATION OF TITLES TO LAND (REQUEST) BILL 1993 (Serial 223):
The Chief Minister (Mr Perron), by leave, presented a Bill for an Act requesting the Parliament of the Commonwealth to
enact legislation relating to certain rights of Aboriginal inhabitants of Australia in or in relation to land in the
Territory.
Bill read a first time.
Mr Perron moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
19. SUPERANNUATION GUARANTEE (SAFETY NET) BILL 1993 (Serial 217):
The Treasurer (Mr Coulter), pursuant to notice, presented a Bill for an Act to provide superannuation benefits for
certain employees and office-holders in the public sector, and for related purposes, the subject of His Honour the
Acting Administrator's Message No.7.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
20. FINANCIAL ADMINISTRATION AND AUDIT AMENDMENT BILL 1993 (Serial 205):
The Chief Minister (Mr Perron), pursuant to notice, presented a Bill for an Act to amend the Financial Administration and
Audit Act.
Bill read a first time.
Mr Perron moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
21. ADMINISTRATION AND PROBATE AMENDMENT BILL 1993 (Serial 216):
The Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Administration and
Probate Act.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
22. JUSTICES AMENDMENT BILL 1993 (Serial 214):
The Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Justices Act.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
23. CORONERS BILL 1993 (Serial 220):
The Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to provide for the office of
coroner, the holding of inquests into the manner and cause of deaths, inquiring into the cause and origin of disasters
and for related purposes.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
24. MINING AMENDMENT BILL 1993 (Serial 218):
The Minister for Mines and Energy (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Mining Act.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Member for Arafura (Mr Rioli) debate was adjourned.
25. LEGAL PRACTITIONERS AMENDMENT BILL 1993 (Serial 215):
The Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Legal Practitioners
Act.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
26. PASTORAL LAND AMENDMENT BILL 1993 (Serial 210):
The Minister for Lands, Housing and Local Government (Mr Hatton), pursuant to notice, presented a Bill for an Act
to amend the Pastoral Land Act.
Bill read a first time.
Mr Hatton moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
27. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT (CONSEQUENTIAL AMENDMENT) BILL 1993 (Serial 195):
The Minister for Public Employment (Mr Finch), pursuant to notice, presented a Bill for an Act to amend the various
Acts consequential on the passing of the Public Sector Employment and Management Act 1993.
Bill read a first time.
Mr Finch moved - That the Bill be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
28. HOSPITAL MANAGEMENT BOARDS AMENDMENT BILL 1993 (Serial 211):
The Minister for Health and Community Services (Mr Reed), pursuant to notice, presented a Bill for an Act to amend the
Hospital Management Boards Act.
Bill read a first time.
Mr Reed moved - That the Bill be now read a second time.
On the motion of the Member for Barkly (Mrs Hickey) debate was adjourned.
29. TOBACCO AMENDMENT BILL 1993 (Serial 213):
The Minister for Health and Community Services (Mr Reed), pursuant to notice, presented a Bill for an Act to amend the
Tobacco Act.
Bill read a first time.
Mr Reed moved - That the Bill be now read a second time.
On the motion of the Member for Barkly (Mrs Hickey) debate was adjourned.
30. DISABILITY SERVICES BILL 1993 (Serial 219):
The Minister for Health and Community Services (Mr Reed), pursuant to notice, presented a Bill for an Act to set out
the principles to be furthered with respect to persons with disabilities and objectives for providers of services and
researchers; to make various provisions for the funding of disability services; and for related purposes.
Bill read a first time.
Mr Reed moved - That the Bill be now read a second time.
On the motion of the Member for Barkly (Mrs Hickey) debate was adjourned.
31. AERODROMES BILL 1993 (Serial 212):
The Minister for Transport and Works (Mr Ortmann), pursuant to notice, presented a Bill for an Act to provide for the
operation of certain aerodromes and for related purposes.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
32. DARWIN PORT AUTHORITY AMENDMENT BILL 1993 (Serial 201):
The Minister for Transport and Works (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Darwin
Port Authority Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
33. TERRITORY INSURANCE OFFICE AMENDMENT BILL (No. 2) 1992 (Serial 186):
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 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Minister for Work Health and Territory Insurance Office (Mr Manzie) the following amendment was
agreed to, after debate -
Omit all words after "Principal Act" and insert in their stead "is amended -
(a) by inserting after the definition of 'insurance' the following:
'"member" means a member of the Board and
includes the Chief Executive Officer on and from
his or her appointment to the Board;'; and
(b)by adding at the end the following:
'(2) A person is an associate of another person if -
(a) they are partners;
(b)one is a spouse, parent or child of the other;
(c)they are both trustees or beneficiaries of
the same trust, or one is a trustee and the
other is a beneficiary of the same trust;
(d)one is a body corporate or other entity
(whether inside or outside Australia) and the
other is a director or member of the
governing body of the body or entity;
(e)one is a body corporate or other entity
(whether inside or outside Australia) and the
other is a person who has a legal or
equitable interest in 5% or more of the share
capital of the body or entity; or
(f)a chain of relationships can be traced
between them under any one or more of the
paragraphs of this subsection.'".
Clause 4, as amended, agreed to.
Clause 5 agreed to.
Clause 6 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit all words after "Principal Act" and insert in
their stead "is amended by adding at the end the
following:
"'(2) The Minister shall, within 6 sitting days of the
Legislative Assembly after giving a direction under
subsection (1), lay a copy of the direction before the
Assembly.
"'(3) A record of all directions given under
subsection (1) in a financial year shall be included
in the report of the Office for that year prepared
under section 68 of the Financial Administration and
Audit Act, as applying by virtue of section 27.'".
The Member for Millner (Mr Parish) moved the following amendment -
Omit all words after "Principal Act" and insert in
their stead the following:
"is amended by adding at the end the following:
"'(2) A direction under subsection (1) may direct
the Office in respect of industry policy or direct the
Office not to invest in a particular business or
enterprise but shall not direct the Office to invest
in a particular business or enterprise.
"'(3) The Minister shall, within 6 sitting days of
the Legislative Assembly after giving a direction
under subsection (1), lay a copy of the direction
before the Assembly.
"'(4) A record of all directions under subsection
(1) shall be included in the annual report of the
Office submitted under section 68 of the Financial
Administration and Audit Act.'".
Amendment negatived.
Clause 6, as amended, agreed to.
Clause 7 agreed to.
Clause 8 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from proposed section 17(1) and (5) "$75,000 or
imprisonment for 10 years" and insert in its stead
"$5,000 or imprisonment for 2 years.
On the motion of Mr Manzie the following further amendments were taken together, by leave, and agreed to, after debate -
Omit from proposed section 17(8) "shall not" and
insert in its stead "shall not, unless the Board has
determined otherwise under that subsection";
Insert after proposed section 17(8) the following:
"'(8A) A determination of the Board under subsection
(7) shall be recorded in the minutes of the meeting at
which it was made.";
Add at the end of proposed section 17 the following:
"'(12) In this section, a reference to a contract
does not include a contract between a member and the
Office relating to insurance or the depositing of
money with the Office entered into in the normal
course of business and subject to the terms and
conditions normally imposed by the Office.";
Omit from proposed section 17A(1) all words after
"to the Board -" and insert in their stead the
following:
"(a) of such particulars relating to -
(i)deposit accounts (including term
deposits) with the Office; and
(ii)directorships of companies,
as are necessary to enable the Board to comply
with section 17(B); and
(b) of particulars of -
(i)any prescribed change in a deposit
account; or
(ii)any change in a directorship of a
company.
Penalty: $5,000 or imprisonment for 2 years.";
Omit subparagraphs (i), (ii) and (iii) from proposed
section 17A(2) and insert in their stead the
following:
(i) becomes a member;
(ii)opens a deposit account with the Office or
is appointed a director of a company; or
(iii)becomes aware that an associate has opened a
deposit account with the Office or is
appointed a director of a company,";
Omit from proposed section 17A(2)(b) "14 days" and
insert in its stead "the prescribed period";
Omit paragraph (b) from proposed section 17B(1) and
insert in its stead the following:
"(b) particulars of -
(i)deposit accounts with the Office of; and
(ii) directorships of companies held by,
the member or an associate of the member.";
Omit from proposed section 17B(2) all words after
"in subsection (1)" and insert in their stead "in the
notice.";
Omit subsection (4) from proposed section 17B and
insert in its stead the following:
"'(4) The Board shall, on entering a particular in
the register under this section (including a change of
a particular), provide the Minister with a copy of the
entry."; and
Add at the end of clause 8 the following:
"'17C. LOANS TO MEMBERS
'(1) The Office shall not provide a loan -
(a) to a member, unless it is -
(i)provided in the ordinary course of
business;
(ii)subject to the terms and conditions
normally imposed by the Office in
similar dealings; and
(iii)approved by a majority of the members
(other than the member to whom the loan
is to be provided) present and voting on
the matter at a meeting of the Office;
or
(b) to an associate of a member, unless it is -
(i)provided in the ordinary course of
business; and
(ii)subject to the terms and conditions
normally imposed by the Office in
similar dealings.
'(2) A member or an associate of a member who
obtains a loan from the Office knowing that it does
not have the power under subsection (1) to provide it
is guilty of an offence.
Penalty: $5,000 or imprisonment for 2 years.'".
Clause 8, as amended, agreed to.
Clause 9 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit "Sections 67" and insert in its stead "Subject
to this Act, sections 67".
Mr Parish moved the following amendment -
Add at the end the following -
"'(2) A report submitted under subsection (1) for
the purposes of the Financial Administration and Audit
Act shall specify whether or not during the period to
which the report relates -
(a) the value of the assets of the Office has
exceeded the amount of its liabilities by not
less than -
(i) $2,000,000;
(ii) 20% of its premium income during the period;
or
(iii)15% of its outstanding claims provision
as at the end of the period,
whichever is the greatest, and to what extent;
(b) the value of the assets of the Office has
exceeded the amount of its liabilities in
Australia by not less than -
(i)$2,000,000;
(ii)20% of its premium income in Australia
during the period; or
(iii)15% of its outstanding claims provision in
respect of liabilities as at the end of the
period,
whichever is greatest, and to what extent;
(c) arrangements for re-insurance have been made
and maintained, and to what extent.".
Amendment negatived.
Clause 9, as amended, agreed to.
Clause 10 agreed to.
Clause 11 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from paragraph (b) "The accounting" and insert
in its stead "The Regulations may prescribe that all
or specified accounting".
Clause 11, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
____________________
The Deputy Speaker (Mrs Hickey) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly; and the
report was adopted.
On the motion of Mr Manzie the Bill was read a third time and passed to be a proposed law.
34. CLASSIFICATION OF PUBLICATIONS AND FILMS AMENDMENT BILL 1993 (Serial 209):
Suspension of Standing Orders: The Attorney-General Mr Stone) moved - That so much of Standing Orders be
suspended as would prevent the Classification of Publications and Films Amendment Bill 1993 (Serial 209)
passing through all stages at these sittings.
Question - put and passed - there being an absolute majority of the whole number of Members present and no
dissentient voice.
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a
second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Attorney-General (Mr Stone) the Bill was read a third time and passed to be a proposed law.
35. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 3.20 a.m. until today at 10.00 a.m.
====================
ATTENDANCE:
All Members attended the sitting.
__________________________________________________________________________________
Date : 03/03/1993
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. MESSAGE FROM THE ACTING ADMINISTRATOR:
The Speaker read the following message from His Honour the Acting Administrator:
Message No. 7
I, KEITH JOHN AUSTIN ASCHE, the Acting Administrator of the Northern Territory of Australia, in pursuance of section 11
of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill
for an Act to allow the Territory to pay from the Consolidated Fund any superannuation benefit necessary in
respect of any employee and office-holder in the public sector, where the moneys set aside for superannuation
purposes are inadequate.
Dated 24 February 1993.
(Sgd) AUSTIN ASCHE
Acting Administrator
4. QUESTIONS:
Questions were asked of Ministers.
Papers tabled: The Treasurer (Mr Coulter) laid on the Table the following Papers -
Letter, Hon B.F. Coulter, MLA, Treasurer to Mr Warren Snowdon, MP, dated 1 March 1993;
ABS Statistics - Net Commonwealth Payments;
Sheet 1, Net Commonwealth Payments in 1992/93 Prices, N.T. Treasury, EPA Division, dated 25 February 1993;
Letter, Hon B.F. Coulter, MLA, Treasurer to Mr B. Ede, MLA, Leader of the Opposition, dated 1 March 1993; and
Letter, John Hewson, MP to Hon M.B. Perron, MLA, Chief Minister, dated 3 March 1993.
Further questions were asked of Ministers.
Personal explanation: The Chief Minister (Mr Perron), by leave, made a personal explanation regarding a phrase used
by the Leader of the Opposition (Mr Ede) in asking a question of the Treasurer (Mr Coulter).
Further questions were asked of Ministers.
Personal explanation: The Member for Millner (Mr Parish), by leave, made a personal explanation relating to comments
made by the Minister for Industries and Development (Mr Stone) in answer to a question this day.
Personal explanation: The Minister for Industries and Development (Mr Stone) made a personal explanation relating
to comments made by the Member for Millner (Mr Parish) in his personal explanation earlier this day.
Further questions were asked of Ministers.
5. SELECTIVE INDUSTRY ASSISTANCE - MOTION NEGATIVED:
The Member for Millner (Mr Parish), pursuant to notice, moved - That this Assembly -
1. notes the disastrous consequences for the public finances of the Northern Territory Government's
approach to selective industry assistance; and
2. strongly endorses the provision of non-discriminatory industry assistance measures as a
proper function of Government.
Debate ensued.
____________________
Suspension of sitting: The sitting was suspended between 12.05 p.m. and 2.00 p.m.
____________________
Debate resumed.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 9 NOES, 12
Mr Bailey Mr Coulter
Mr Bell Mr Dondas
Mr Cartwright Mr Finch
Mr Ede Mr Hatton
Mrs Hickey Mr Manzie
Mr Lanhupuy Mr McCarthy
Mr Parish Mr Palmer
Mr Rioli Mr Poole
Mr Stirling Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the negative.
6. LEGISLATION TO MAINTAIN CHECKS AND BALANCES - MOTION NEGATIVED:
The Leader of the Opposition (Mr Ede), pursuant to notice, moved - That this Assembly -
1. notes that systems of responsible Government in the various Australian States have been having
difficulty in maintaining a proper system of checks and balances and that these difficulties are
exacerbated in a unicameral system of Government; and
2. calls on the Northern Territory Government to give early and serious consideration to introducing:
(a) freedom of information legislation;
(b) legislation to ensure full disclosure of donations to political parties;
(c) expanded and improved disclosure legislation for Members of Parliament, their families and
Heads of Departments;
(d) whistleblowers legislation;
(e) a written, binding code of conduct on Cabinet Ministers; and
(f) a mechanism for review of administrative actions.
Debate ensued.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 8 NOES, 13
Mr Bailey Mr Dondas
Mr Cartwright Mr Finch
Mr Ede Mr Hatton
Mrs Hickey Mr Manzie
Mr Lanhupuy Mr McCarthy
Mr Parish Mr Ortmann
Mr Rioli Mr Palmer
Mr Stirling Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the negative.
7. PUBLIC ACCOUNTS COMMITTEE - INDEPENDENCE OF COMMITTEE - MOTION AGREED TO:
The Deputy Leader of the Opposition (Mr Bailey), pursuant to notice, moved - That this Assembly -
1. reaffirms the independence of the Public Accounts Committee; and
2. confirms the right of the Committee to act on its own initiative to examine all those matters
relating to the receipt, control, issue or payment of public moneys and matters ancillary thereto,
pursuant to Standing Order 21A, free from restraint.
Debate ensued.
The Member for Karama (Mr Palmer) 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, 9
Mr Dondas Mr Bailey
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 Rioli
Mr Poole Mr Stirling
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put and passed.
8. MINE SAFETY - MOTION NEGATIVED:
The Member for Arafura (Mr Rioli), pursuant to notice, moved - That - This Assembly -
1. notes the contents of the Report of the Mining Board of the Northern Territory on the safety
record of Woodcutters Mine;
2. calls for the Government to undertake an independent review of mine safety inspection and
regulation in the Northern Territory; and
3. orders that the Minister table such independent report in the Assembly within five sitting days of
its completion.
Paper tabled: Mr Rioli, by leave, laid on the Table the following Paper -
Report to the Minister for Mines and Energy from the Mining Board of the Northern Territory on the
Safety Record of Woodcutters Mine compared to similar operations both within and outside the
Northern Territory with particular reference to recent accidents.
Debate ensued.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 9 NOES, 15
Mr Bailey Mr Collins
Mr Cartwright Mr Coulter
Mr Ede Mr Dondas
Mrs Hickey Mr Finch
Mr Lanhupuy Mr Hatton
Mrs Padgham-Purich Mr Manzie
Mr Parish Mr McCarthy
Mr Rioli Mr Ortmann
Mr Stirling Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the negative.
9. AUSTRALIA TELEVISION INTERNATIONAL SERVICE - MOTION NEGATIVED:
The Deputy Leader of the Opposition (Mr Bailey), pursuant to notice, moved - That - This Assembly -
1. applauds the Commonwealth Government's initiative in establishing the Australia Television
International service in Darwin;
2. calls on the Minister for Asian Relations and Trade to support this initiative; and
3. calls on the Government to work cooperatively with this service to enhance the Northern Territory's
image in our region.
Debate ensued.
Paper tabled: The Chief Minister (Mr Perron) laid on the Table the following Paper -
Cartoon, "And now ... our crew is back with the latest-!".
Debate continued.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 9 NOES, 14
Mr Bailey Mr Coulter
Mr Bell Mr Dondas
Mr Cartwright Mr Finch
Mr Ede Mr Hatton
Mrs Hickey Mr Manzie
Mr Lanhupuy Mr McCarthy
Mr Parish Mr Ortmann
Mr Rioli Mr Palmer
Mr Stirling Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the negative.
10. CRIME STRATEGY FOR THE NORTHERN TERRITORY - MOTION NEGATIVED:
The Leader of the Opposition (Mr Ede), pursuant to notice, moved - That -
This Assembly:
1. notes with concern the Northern Territory's appalling record as a violent society;
2. notes that the Northern Territory Government lacks an overall coordinated crime strategy; and
3. calls on the Northern Territory Government to table such a strategy in the May 1993 sittings of this
Assembly.
Debate ensued.
Paper tabled: The Minister for Correctional Services (Mr Poole) laid on the Table the following Paper -
"5 Year Plan", Department of Correctional Services.
Debate continued.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 9 NOES, 14
Mr Bailey Mr Coulter
Mr Bell Mr Dondas
Mr Cartwright Mr Finch
Mr Ede Mr Hatton
Mrs Hickey Mr Manzie
Mr Lanhupuy Mr McCarthy
Mr Parish Mr Ortmann
Mr Rioli Mr Palmer
Mr Stirling Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the negative.
11. LEGAL PRACTITIONERS AMENDMENT BILL 1993 (Serial 222):
The Member for Macdonnell (Mr Bell), pursuant to notice, presented a Bill for an Act to amend the Legal Practitioners
Act.
Bill read a first time.
Mr Bell moved - That the Bill be now read a second time.
Paper tabled: Mr Bell, by leave, laid on the Table the following Paper -
Appendix B, Notes on the meeting of 26th October of Central Council CLP.
On the motion of the Attorney-General (Mr Stone) debate was adjourned.
12. KAVA CONTROL BILL 1993 (Serial 221):
The Member for Barkly (Mrs Hickey), pursuant to notice, presented a Bill for an Act to control the distribution of
Kava and for related purposes.
Bill read a first time.
Mrs Hickey moved - That the Bill be now read a second time.
Paper tabled: Mrs Hickey, by leave, laid on the Table the following Paper -
Letter, Yirrkala Dhanbul Community Association Incorporated, signed by Bakamumu Marika, Chairman,
Y.D.C.A.I., and Djuwalpi Marika, Town Clerk, Yirrkala Community to Whom it May Concern, dated 1
February 1993.
On the motion of the Minister for Health and Community Services (Mr Reed) debate was adjourned.
13. JUVENILE JUSTICE ACT AND JUVENILE OFFENDERS TURNING 18 YEARS OF AGE IN DETENTION - MOTION NEGATIVED:
The Member for Macdonnell (Mr Bell), pursuant to notice, moved - That - The definition of a Juvenile Offender is that
the person is less than 18 at the time of commission of the offence and this Assembly supports -
1. amending the Juvenile Justice Act to give effect to this; and
2. giving the Courts the power to order those juveniles who will turn 18 while in juvenile
detention to serve the balance of their sentences in an adult prison.
Debate ensued.
And the Assembly having continued to sit until 12 midnight -
THURSDAY 4 MARCH 1993, A.M.
Debate continued.
Question - 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 Ortmann
Mr Rioli Mr Palmer
Mr Stirling Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the negative.
14. CONSULTATIONS IN THE EAST ARNHEM REGION - SESSIONAL COMMITTEE ON THE USE AND ABUSE OF ALCOHOL BY THE COMMUNITY -
PAPER NOTED:
The order of the day having been read for the resumption of the debate on the question - That the Assembly take note of
the Paper -
Debate resumed.
Question - put and passed.
15. DISCHARGE OF BUSINESS:
The Member for Macdonnell (Mr Bell), by leave, moved - That General Business, Orders of the Day No. 2 relating to the
Criminal Code Amendment Bill (No. 3) 1992 (Serial 189) be discharged from the Notice Paper.
Question - put and passed.
16. PUBLIC ACCOUNTS COMMITTEE, ANNUAL REPORT 1991-92 - REPORT NOTED:
The order of the day having been read for the resumption of the debate on the question - That the Assembly take note of
the Report -
Debate resumed.
Question - put and passed.
17. TREASURER'S ANNUAL FINANCIAL STATEMENTS, 1991-92 - PAPER NOTED:
The order of the day having been read for the resumption of the debate on the question - That the Assembly take note of
the Paper -
Debate resumed.
Question - put and passed.
18. CONFIRMATION OF TITLES TO LAND (REQUEST) BILL 1993 (Serial 223):
The Chief Minister (Mr Perron), by leave, presented a Bill for an Act requesting the Parliament of the Commonwealth to
enact legislation relating to certain rights of Aboriginal inhabitants of Australia in or in relation to land in the
Territory.
Bill read a first time.
Mr Perron moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
19. SUPERANNUATION GUARANTEE (SAFETY NET) BILL 1993 (Serial 217):
The Treasurer (Mr Coulter), pursuant to notice, presented a Bill for an Act to provide superannuation benefits for
certain employees and office-holders in the public sector, and for related purposes, the subject of His Honour the
Acting Administrator's Message No.7.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
20. FINANCIAL ADMINISTRATION AND AUDIT AMENDMENT BILL 1993 (Serial 205):
The Chief Minister (Mr Perron), pursuant to notice, presented a Bill for an Act to amend the Financial Administration and
Audit Act.
Bill read a first time.
Mr Perron moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
21. ADMINISTRATION AND PROBATE AMENDMENT BILL 1993 (Serial 216):
The Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Administration and
Probate Act.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
22. JUSTICES AMENDMENT BILL 1993 (Serial 214):
The Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Justices Act.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
23. CORONERS BILL 1993 (Serial 220):
The Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to provide for the office of
coroner, the holding of inquests into the manner and cause of deaths, inquiring into the cause and origin of disasters
and for related purposes.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
24. MINING AMENDMENT BILL 1993 (Serial 218):
The Minister for Mines and Energy (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Mining Act.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Member for Arafura (Mr Rioli) debate was adjourned.
25. LEGAL PRACTITIONERS AMENDMENT BILL 1993 (Serial 215):
The Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Legal Practitioners
Act.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
26. PASTORAL LAND AMENDMENT BILL 1993 (Serial 210):
The Minister for Lands, Housing and Local Government (Mr Hatton), pursuant to notice, presented a Bill for an Act
to amend the Pastoral Land Act.
Bill read a first time.
Mr Hatton moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
27. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT (CONSEQUENTIAL AMENDMENT) BILL 1993 (Serial 195):
The Minister for Public Employment (Mr Finch), pursuant to notice, presented a Bill for an Act to amend the various
Acts consequential on the passing of the Public Sector Employment and Management Act 1993.
Bill read a first time.
Mr Finch moved - That the Bill be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
28. HOSPITAL MANAGEMENT BOARDS AMENDMENT BILL 1993 (Serial 211):
The Minister for Health and Community Services (Mr Reed), pursuant to notice, presented a Bill for an Act to amend the
Hospital Management Boards Act.
Bill read a first time.
Mr Reed moved - That the Bill be now read a second time.
On the motion of the Member for Barkly (Mrs Hickey) debate was adjourned.
29. TOBACCO AMENDMENT BILL 1993 (Serial 213):
The Minister for Health and Community Services (Mr Reed), pursuant to notice, presented a Bill for an Act to amend the
Tobacco Act.
Bill read a first time.
Mr Reed moved - That the Bill be now read a second time.
On the motion of the Member for Barkly (Mrs Hickey) debate was adjourned.
30. DISABILITY SERVICES BILL 1993 (Serial 219):
The Minister for Health and Community Services (Mr Reed), pursuant to notice, presented a Bill for an Act to set out
the principles to be furthered with respect to persons with disabilities and objectives for providers of services and
researchers; to make various provisions for the funding of disability services; and for related purposes.
Bill read a first time.
Mr Reed moved - That the Bill be now read a second time.
On the motion of the Member for Barkly (Mrs Hickey) debate was adjourned.
31. AERODROMES BILL 1993 (Serial 212):
The Minister for Transport and Works (Mr Ortmann), pursuant to notice, presented a Bill for an Act to provide for the
operation of certain aerodromes and for related purposes.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
32. DARWIN PORT AUTHORITY AMENDMENT BILL 1993 (Serial 201):
The Minister for Transport and Works (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Darwin
Port Authority Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
33. TERRITORY INSURANCE OFFICE AMENDMENT BILL (No. 2) 1992 (Serial 186):
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)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Minister for Work Health and Territory Insurance Office (Mr Manzie) the following amendment was
agreed to, after debate -
Omit all words after "Principal Act" and insert in their stead "is amended -
(a) by inserting after the definition of 'insurance' the following:
'"member" means a member of the Board and
includes the Chief Executive Officer on and from
his or her appointment to the Board;'; and
(b)by adding at the end the following:
'(2) A person is an associate of another person if -
(a) they are partners;
(b)one is a spouse, parent or child of the other;
(c)they are both trustees or beneficiaries of
the same trust, or one is a trustee and the
other is a beneficiary of the same trust;
(d)one is a body corporate or other entity
(whether inside or outside Australia) and the
other is a director or member of the
governing body of the body or entity;
(e)one is a body corporate or other entity
(whether inside or outside Australia) and the
other is a person who has a legal or
equitable interest in 5% or more of the share
capital of the body or entity; or
(f)a chain of relationships can be traced
between them under any one or more of the
paragraphs of this subsection.'".
Clause 4, as amended, agreed to.
Clause 5 agreed to.
Clause 6 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit all words after "Principal Act" and insert in
their stead "is amended by adding at the end the
following:
"'(2) The Minister shall, within 6 sitting days of the
Legislative Assembly after giving a direction under
subsection (1), lay a copy of the direction before the
Assembly.
"'(3) A record of all directions given under
subsection (1) in a financial year shall be included
in the report of the Office for that year prepared
under section 68 of the Financial Administration and
Audit Act, as applying by virtue of section 27.'".
The Member for Millner (Mr Parish) moved the following amendment -
Omit all words after "Principal Act" and insert in
their stead the following:
"is amended by adding at the end the following:
"'(2) A direction under subsection (1) may direct
the Office in respect of industry policy or direct the
Office not to invest in a particular business or
enterprise but shall not direct the Office to invest
in a particular business or enterprise.
"'(3) The Minister shall, within 6 sitting days of
the Legislative Assembly after giving a direction
under subsection (1), lay a copy of the direction
before the Assembly.
"'(4) A record of all directions under subsection
(1) shall be included in the annual report of the
Office submitted under section 68 of the Financial
Administration and Audit Act.'".
Amendment negatived.
Clause 6, as amended, agreed to.
Clause 7 agreed to.
Clause 8 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from proposed section 17(1) and (5) "$75,000 or
imprisonment for 10 years" and insert in its stead
"$5,000 or imprisonment for 2 years.
On the motion of Mr Manzie the following further amendments were taken together, by leave, and agreed to, after debate -
Omit from proposed section 17(8) "shall not" and
insert in its stead "shall not, unless the Board has
determined otherwise under that subsection";
Insert after proposed section 17(8) the following:
"'(8A) A determination of the Board under subsection
(7) shall be recorded in the minutes of the meeting at
which it was made.";
Add at the end of proposed section 17 the following:
"'(12) In this section, a reference to a contract
does not include a contract between a member and the
Office relating to insurance or the depositing of
money with the Office entered into in the normal
course of business and subject to the terms and
conditions normally imposed by the Office.";
Omit from proposed section 17A(1) all words after
"to the Board -" and insert in their stead the
following:
"(a) of such particulars relating to -
(i)deposit accounts (including term
deposits) with the Office; and
(ii)directorships of companies,
as are necessary to enable the Board to comply
with section 17(B); and
(b) of particulars of -
(i)any prescribed change in a deposit
account; or
(ii)any change in a directorship of a
company.
Penalty: $5,000 or imprisonment for 2 years.";
Omit subparagraphs (i), (ii) and (iii) from proposed
section 17A(2) and insert in their stead the
following:
(i) becomes a member;
(ii)opens a deposit account with the Office or
is appointed a director of a company; or
(iii)becomes aware that an associate has opened a
deposit account with the Office or is
appointed a director of a company,";
Omit from proposed section 17A(2)(b) "14 days" and
insert in its stead "the prescribed period";
Omit paragraph (b) from proposed section 17B(1) and
insert in its stead the following:
"(b) particulars of -
(i)deposit accounts with the Office of; and
(ii) directorships of companies held by,
the member or an associate of the member.";
Omit from proposed section 17B(2) all words after
"in subsection (1)" and insert in their stead "in the
notice.";
Omit subsection (4) from proposed section 17B and
insert in its stead the following:
"'(4) The Board shall, on entering a particular in
the register under this section (including a change of
a particular), provide the Minister with a copy of the
entry."; and
Add at the end of clause 8 the following:
"'17C. LOANS TO MEMBERS
'(1) The Office shall not provide a loan -
(a) to a member, unless it is -
(i)provided in the ordinary course of
business;
(ii)subject to the terms and conditions
normally imposed by the Office in
similar dealings; and
(iii)approved by a majority of the members
(other than the member to whom the loan
is to be provided) present and voting on
the matter at a meeting of the Office;
or
(b) to an associate of a member, unless it is -
(i)provided in the ordinary course of
business; and
(ii)subject to the terms and conditions
normally imposed by the Office in
similar dealings.
'(2) A member or an associate of a member who
obtains a loan from the Office knowing that it does
not have the power under subsection (1) to provide it
is guilty of an offence.
Penalty: $5,000 or imprisonment for 2 years.'".
Clause 8, as amended, agreed to.
Clause 9 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit "Sections 67" and insert in its stead "Subject
to this Act, sections 67".
Mr Parish moved the following amendment -
Add at the end the following -
"'(2) A report submitted under subsection (1) for
the purposes of the Financial Administration and Audit
Act shall specify whether or not during the period to
which the report relates -
(a) the value of the assets of the Office has
exceeded the amount of its liabilities by not
less than -
(i) $2,000,000;
(ii) 20% of its premium income during the period;
or
(iii)15% of its outstanding claims provision
as at the end of the period,
whichever is the greatest, and to what extent;
(b) the value of the assets of the Office has
exceeded the amount of its liabilities in
Australia by not less than -
(i)$2,000,000;
(ii)20% of its premium income in Australia
during the period; or
(iii)15% of its outstanding claims provision in
respect of liabilities as at the end of the
period,
whichever is greatest, and to what extent;
(c) arrangements for re-insurance have been made
and maintained, and to what extent.".
Amendment negatived.
Clause 9, as amended, agreed to.
Clause 10 agreed to.
Clause 11 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from paragraph (b) "The accounting" and insert
in its stead "The Regulations may prescribe that all
or specified accounting".
Clause 11, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
____________________
The Deputy Speaker (Mrs Hickey) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly; and the
report was adopted.
On the motion of Mr Manzie the Bill was read a third time and passed to be a proposed law.
34. CLASSIFICATION OF PUBLICATIONS AND FILMS AMENDMENT BILL 1993 (Serial 209):
Suspension of Standing Orders: The Attorney-General Mr Stone) moved - That so much of Standing Orders be
suspended as would prevent the Classification of Publications and Films Amendment Bill 1993 (Serial 209)
passing through all stages at these sittings.
Question - put and passed - there being an absolute majority of the whole number of Members present and no
dissentient voice.
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a
second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Attorney-General (Mr Stone) the Bill was read a third time and passed to be a proposed law.
35. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 3.20 a.m. until today at 10.00 a.m.
====================
ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016