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Minutes of Proceedings - 1995-11-23

Seventh Assembly First Session 21/11/1995 Parliamentary Record No. 17
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Date : 23/11/1995

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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. VISITORS:

The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of students from Year 6/7 from Leanyer Primary School and their teacher, Ms Tania Lambert.

On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

4. QUESTIONS:

Questions were asked of Ministers.

5. SUBORDINATE LEGISLATION AND TABLED PAPERS COMMITTEE - SECOND REPORT - PAPER TABLED:

The Chairman of the Subordinate Legislation and Tabled Papers Committee (Mr Setter) laid on the Table the Second Report of the Subordinate Legislation and Tabled Papers Committee (Paper 2097).

6. LEADERS FORUM - MINISTERIAL STATEMENT - STATEMENT NOTED:

The Chief Minister (Mr Stone) made a statement relating to the Leaders Forum in Brisbane, 3 November 1995 (Paper 2098).

Mr Stone moved - That the Assembly take note of the Statement.

Debate ensued.

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Suspension of sitting:

The sitting was suspended between 12.16 p.m. and 2.15 p.m.

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Debate resumed.

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Distinguished visitor:

The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of the Glencoe Board of Directors led by the Attorney-General and Minister for Law in Brunei.

On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.

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Paper tabled:

The Chief Minister (Mr Stone) laid on the Table the following Paper -

Communique, Leaders Forum, Brisbane, dated 3 November 1995 (Paper 2099).

Question - put and passed.

7. TERRITORY PARTICIPATION IN THE BIMP-EAGA - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:

The Minister for Asian Relations, Trade and Industry (Mr Poole) made a statement relating to the increased participation by the Northern Territory in Brunei, Indonesia, Malaysia and the Philippines and the East ASEAN Growth Area (BIMP-EAGA) (Paper 2100).

Mr Poole moved - That the Assembly take note of the Statement.

Debate ensued.

Question - put and passed.

8. RIGHTS OF THE TERMINALLY ILL AMENDMENT BILL 1995 (Serial 121):

The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the

Rights of the Terminally Ill Act

Bill read a first time.

Mr Hatton moved - That the Bill be now read a second time.

On the motion of the Member for Fannie Bay (Ms Martin) debate was adjourned.

9. PUBLICATIONS COMMITTEE - FIFTH REPORT - PAPER TABLED - REPORT ADOPTED:

The Chairman of the Publications Committee (Mr Setter) laid on the Table the Fifth Report of the Publications Committee recommending that the following Papers be printed -

PUBLICATIONS COMMITTEE

Fifth Report

The Publications Committee, having considered petitions and papers presented to the Legislative Assembly during the period 16 to 25 May 1995, recommends that the following be printed:

Title	Date presented
National Road Trauma Advisory Council, Annual Report, 1993-94	20.6.95
Northern Territory Grain marketing Board, Annual Report, 1993-94	16.5.95
Northern Territory University, Annual Report, 1994	25.5.95
Pastoral Land Board, Annual Report, 1993-94	17.5.95
Select Committee on Euthanasia Report, The Right of the Individual or the Common Good, May 1995, Volume One	16.5.95
Select Committee on Euthanasia, Volume 3, Part A, 001 to 304	16.5.95
Select Committee on Euthanasia, Volume 3, Part B, 305 to 664	16.5.95
Select Committee on Euthanasia, Volume 3, Part C, 665 to 915	16.5.95
Select Committee on Euthanasia, Volume 3, Part D, 916 to 1216	16.5.95
Sessional Committee on constitutional Development, Discussion Paper No. 8, A Northern Territory Bill of Rights	25.5.95
Sessional Committee on the Environment, Report into matters relating to environmental protection and multiple use of wetlands associated with the Mary River system, April 1995	17.5.95

(Paper 2101)

R. A SETTER

CHAIRMAN

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Mr Setter moved - That the Report be adopted.

Question - put and passed.

10. POISONS AND DANGEROUS DRUGS AMENDMENT BILL (No. 2) 1995 -

(Serial 117):

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.

The Member for MacDonnell (Mr Bell) moved the following amendment -

Omit all words after That and insert in their stead the following:

this Assembly censures the Northern Territory Government for its failure to develop sensible policies to deal with illegal drug use..

The Minister for Health Services (Mr Finch) moved - That the question be now put.

Question - That the question be now put - put.

The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 17 NOES, 7

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 Stirling
Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone

And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put and negatived.
Debate ensued.
The Member for MacDonnell (Mr Bell) moved the following amendment -

Add at the end the following:

and that this Assembly expresses its concern at the Northern Territory Governments failure to implement what is recognised throughout Australia and by the Australian Medical Association on the best practice in the fight against illegal drugs abuse..

The Minister for Health Services (Mr Finch) moved - That the question be now put.

Question - That the question be now put - put.

The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 17 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

Dr Lim Mr Stirling

Mr Manzie

Mr McCarthy

Mr Mitchell

Mrs Padgham-Purich

Mr Palmer

Mr Poole

Mr Reed

Mr Setter

Mr Stone

And so it was resolved in the affirmative.

Question - That the amendment be agreed to - put and negatived.

Debate continued.

Question - put and passed.

Bill read a second time.

Leave denied:

The Minister for Health Services (Mr Finch) sought leave to move a motion for the third reading of the Bill forthwith.

Objection being raised - leave denied.

Suspension of Standing Orders:

Mr Finch moved - That so much of Standing Orders be suspended as would prevent a motion for the third reading of the Bill being moved forthwith.

Debate ensued.

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Member named and suspended:

And the Member for MacDonnell (Mr Bell) refusing to withdraw words considered offensive -

The Speaker named the Member for MacDonnell (Mr Bell) for his refusal to withdraw offensive words.

The Leader of Government Business (Mr Coulter) thereupon moved - That the Member for MacDonnell (Mr Bell) be suspended from the service of the Assembly.

Question - put.

The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 12 NOES, 8

Mr Adamson Mr Ah Kit
Mr Baldwin Mr Bailey
Mrs Braham Mr Bell
Mr Coulter Mr Ede
Mr Finch Mrs Hickey
Mr Hatton Ms Martin
Dr Lim Mr Rioli
Mr Manzie Mr Stirling
Mr Mitchell
Mr Palmer
Mr Reed
Mr Setter

And so it was resolved in the affirmative.

The Member for MacDonnell (Mr Bell) was therefore, suspended at 7.42 p.m. for 7 days, pursuant to Standing Order 241, and he accordingly withdrew from the Chamber.

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Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.

The Minister for Health Services (Mr Finch) moved - That the Bill be now read a third time.

Question - put and passed.

And the Bill was read a third time and passed to be a proposed law.

11. CRIMINAL CODE AMENDMENT BILL (No. 4) 1995 (Serial 110):

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.

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 - Mrs Braham)

Clause 1 agreed to.

Clause 2 agreed to.

The Leader of the Opposition (Mr Ede), by leave, moved the following amendment on behalf of the Member for Macdonnell (Mr Bell) -

Insert after clause 2 the following:

2A. AIDING SUICIDE OR ATTEMPTED SUICIDE

Section 168 of the Criminal code is amended by omitting paragraphs (a), (b) and (c) and substituting the following:

(a) procures another to kill or attempt to kill himself;

(b) induces another to kill or attempt to kill himself by counselling him to kill or attempt to kill himself; or

Debate ensued.
Amendment agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.

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The Deputy Speaker (Mr Setter) resumed the Chair; the Deputy Chairman (Mrs Braham) reported accordingly; and the report was adopted.

On the motion of the Attorney - General (Mr Hatton) the Bill was read a third time and passed to be a proposed law.

12. CRIMINAL CODE AMENDMENT BILL 1995 (Serial 112):

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 Attorney - General (Mr Hatton) the Bill was read a third time and passed to be a proposed law.

13. TRUSTEE AMENDMENT BILL (No. 2) 1995 (Serial 115):

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 Attorney - General (Mr Hatton) the Bill was read a third time and passed to be a proposed law.

14. CLASSIFICATION OF PUBLICATIONS AND FILMS AMENDMENT BILL 1995 (Serial 115):

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.

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
(Chairman - Mr Setter)

Clauses 1 and 2, by leave, taken together and agreed to.

Clause 3 read.

On the motion of the Attorney-General (Mr Hatton) the following amendment was agreed to -

Insert after Commonwealth the words (other than sections 1 and 2 of that Act).

Clause 3, as amended, agreed to.

Clauses 4 to 13, by leave, taken together and agreed to.

Clause 14 read.

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

Omit from proposed section 50A(3) $200 and insert in its stead $500.

On the motion of Mr Hatton the following further amendments were taken together ,by leave, and agreed to -

Omit from proposed section 50A(5) $200 and insert in its stead $500;

Omit from proposed section 50B all words after so classified and insert in their stead the following:

Penalty: In the case of a film classified MA or an unclassified film that would, if classified, be classified MA - $1,000.

In any other case - $10,000 or imprisonment for 2 years.;

Omit from proposed section 50C subsection (1) and insert in its stead the following:

(1) A person shall not possess -

(a) an unclassified film that would, if classified, be classified RC or R; or

(b) a film classified RC,

with the intention of selling or exhibiting the film.

Penalty: $10,000 or imprisonment for 2 years.;

Omit from proposed section 50L all words after visible to the public. and insert in their stead the following:

Penalty: $1,000.;

Omit from proposed section 50S all words after guilty of an offence and insert in their stead the following:

Penalty: $10,000.; and

Omit from proposed section 50V(1)(a) and (b) or MA(15+);

Omit from proposed section 50ZK(1) (1) - and insert in its

stead (1) If -.

The Member for Nhulunbuy (Mr Stirling), by leave, moved the following amendments together -

Insert in proposed section 50ZQ, after direct in writing, the words , giving reasons for his or her decision,;

Insert in proposed section 50ZR, after direct in writing, the words , giving reasons for his or her decision,; and

Add at the end of proposed section 50ZT the following:

(7) The Minister or the National Director, as the case may be, shall, in writing, give to an organisation the reasons for his or her decision to approve the organisation under subsection (1) or revoke such an approval under subsection (4)..

Clause 14, as amended, agreed to, after debate.

Clauses 15 and 16, by leave, taken together and agreed to.

Clause 17 read.

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

Omit PART IX - RESTRICTED PUBLICATION AREA and insert in its stead PART XII - RESTRICTED PUBLICATION AREA.

Clause 17, as amended, agreed to.

Clauses 18 to 23, by leave, taken together and agreed to.

Clause 24 read.

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

Insert in proposed section 64, after paragraph (a), the following:

(aa) a classified film or a classified computer game specified in the certificate is modified in a manner specified in the certificate;.

Clause 24, as amended, agreed to.

Clauses 25 to 27, by leave, taken together and agreed to.

On the motion of Mr Hatton the following new clause was added to the Bill -

Add at the end the following:

28. AMENDMENT OF REGULATIONS

(1) The Classification of Publications and Films Regulations are amended as provided for in the Schedule.

(2) A regulation amended by the subsection (1) may be repealed or further amended by Regulations made under the Principal Act as amended by this Act or subsequently amended, as if the amendments made by subsection (1) were made by Regulations under the Principal Act.

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SCHEDULE

Section 28

AMENDMENT OF CLASSIFICATION OF PUBLICATIONS AND FILMS REGULATIONS

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Provision Amendment
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Omit Substitute
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Regulation 1 Classification of Classification of
Publications and Publications, Films
Films Regulations and Computer Games Regulations

Regulation 5 the whole regulation

Regulation 6 the whole regulation

Regulation 8 section 61(2) of the section 64B of the
Act Act

Schedule the whole Schedule
__________________________________________________________..

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

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The Speaker (Mr McCarthy) resumed the Chair; the Deputy Chairman (Mr Adamson) reported accordingly; and the report was adopted.

The Attorney-General (Mr Hatton) moved - That the Bill be now read a third time.

Question - put and passed.

Bill read a third time and passed to be a proposed law.

15. ADJOURNMENT:

The Attorney-General (Mr Hatton) moved - That the Assembly do now adjourn.

Debate ensued.

Paper tabled:

The Minister for Health Services (Mr Finch) laid on the Table the following Papers -

Transcript of Interview, 8DDD Morning Program - J. Bailey - Polling of Voters before the last Election, dated 1 September 1994 (Paper 2102).

Debate continued.

Question - put and passed.

And the Assembly adjourned at 10.32 p.m. until Tuesday 28 November 1995 at 10.00 a.m.

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PAPERS:

The following Papers were deemed to have been presented on Thursday 23 November 1995:

Annual Reports:

Northern Territory Architects Board, 1994-95 (Paper 2096)

Northern Territory Government and Public Authorities Superannuation Scheme, Actuarial Review as at 30 June 1995 (Paper 2095)

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ATTENDANCE:

All Members attended the sitting.

Ian McNeill

Clerk of the Legislative Assembly

Last updated: 04 Aug 2016

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Minutes of Proceedings - 1995-11-23