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Minutes of Proceedings - 1999-02-25

Eighth Assembly First Session 16/02/1999 Parliamentary Record No. 14
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Date : 25/02/1999
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1. MEETING:
    The Assembly met at 10.00 h. The Speaker, the Honourable T R McCarthy, took the Chair.

2. PRAYERS.

3. VISITORS:
    The Speaker (Mr McCarthy) drew attention to the presence in the gallery of Year 6/7 students from Berry Springs Primary School and their teachers Ms Heather Black and Ms Raelene Blackmore; and Year 7 students from Driver Primary School and teacher Mr Grant Christie.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

4. QUESTIONS:
    10:01 Ms Martin to Mr Reed.
    10:09 Mr Lugg to Mr Burke.
    10:13 Ms Martin to Mr Reed.
    10:20 Mr Mitchell to Mrs Braham.
    10:24 Mr Stirling to Mr Burke.
    10:25 Dr Lim to Mr Dunham.
    10:28 Mrs Hickey to Mr Dunham.
    10:31 Mr Balch to Mr Adamson.
    10:34 Mr Toyne to Mrs Braham.
    10:35 Mr Elferink to Mr Manzie.
    Papers tabled: The Minister for Resource Development (Mr Manzie) laid on the Table the following Papers -
Firebombs, Jabiluka miner’s offices destroyed Northern Territory News, dated 22 September 1998 (Paper 988);
Jabiluka sabotage, Northern Territory News, Wednesday, 14 October 1998 (Paper 989);
Blood poured on mine machinery, Northern Territory News, dated 11 August 1998 (Paper 990);
Biker’s lucky escape, Jabiluka rope throws him off, Northern Territory News, Wednesday 15 July 1998 (Paper 991);
Protest, police nearly run over, Northern Territory News, dated 30 September 1998 (Paper 992); and
Mine site guard hit, Northern Territory News, Saturday 22 August 1998 (Paper 993).

    10:43 Mr Lugg to Mr Baldwin.
    Papers tabled: The Minister for Industries and Business (Mr Baldwin) laid on the Table the following Paper -
Map, Palmerston town and municipal boundaries (Paper 998).

    10:47 Mr Stirling to Mr Burke.
    10:48 Ms Martin to Mr Burke.
    10:49 Mr Balch to Mr Adamson.
    10:51 Mr Hatton to Mr Baldwin.
    10:53 Mr Stirling to Mr Reed.
    10:58 Mr Toyne to Mr Manzie.
    Answers to questions: Mrs Braham provided an answer to questions asked earlier this sittings relating to housing in Yulara and Housing Commission funding.
    Paper tabled: The Minister for Housing (Mrs Braham) laid on the Table the following Paper -
Letter, Mr Fred Marrone, Senior Valuer, Australian Valuation Office, Darwin to Mr Grant Hunt, Managing Director, Ayers Rock Resort company Ltd, dated 18 October 1997 (Paper 994).

    The Leader of Government Business (Mr Coulter) asked that further questions be placed on the Question Paper.
5. PUBLIC ACCOUNTS COMMITTEE REPORT No. 33 – REPORT ON THE AUDITOR-GENERAL’S MID YEAR REPORT AND END OF FINANCIAL YEAR REPORTS 1995-96 TO 1998 – FEES, FINES AND OUTSTANDING DEBTS – PAPER TABLED – PAPER PRINTED – MOTION TO NOTE REPORT:
    The Leader of Government Business (Mr Coulter) laid on the Table the Public Accounts Committee Report No. 33 relating to Report on the Auditor-General’s Mid Year Report and End of Financial Year Reports 1995-96 to 1998 – Fees, Fines and Outstanding Debts (Paper 995).
    Mr Coulter moved – That the Report be printed.
    Question – put and passed.
    Mr Coulter moved – That the Assembly take note of the Report.
    Ordered – That Mr Coulter have leave to continue his remarks at a later hour.
    Debate adjourned.

6. REARRANGEMENT OF GOVERNMENT BUSINESS:
    The Leader of Government Business (Mr Coulter) moved that – Government Business, Orders of the Day, No. 11 relating to resumption of debate on the Auditor-General’s Report, February 1999 be called on as Government Business, Order of the Day No. 4.

7. REFORM AND RESTRUCTURE OF THE POWER AND WATER AUTHORITY – MINISTERIAL STATEMENT – STATEMENT NOTED:
    The Minister for Essential Services (Mr Coulter) made a statement relating to the reform process being undertaken in the Power and Water Authority (Paper 996).
    Mr Coulter moved – That the Assembly take note of the Statement.
    Paper tabled: Mr Coulter laid on the Table the following Paper –
Data and prices, electricity prices in Australia 1998/99 by ESAA, http://www.esaa.com.au/fib.htm (Paper 997).

    Debate ensued.
    ____________________

    Suspension of sitting: The sitting was suspended between 12:04 h and 14:30 h.
    ____________________

    Debate resumed.
    ____________________

    Distinguished visitor: The Speaker (Mr McCarthy) drew attention to the presence in the Speaker’s Gallery of the Honourable George Strickland, MLA, Speaker of the Legislative Assembly of Western Australia, and an Regional Representative of the Commonwealth Parliamentary Association and Mrs Helen Strickland.
    On behalf of HonourableMembers, the Speaker extended a warm welcome to the distinguished visitors.
    ____________________

    Debate continued.
    Question – put and passed.
8. AUSTRALASIA RAILWAY (THIRD PARTY ACCESS) BILL 1999 (Serial 148):
    The Minister for the AustralAsia Railway (Mr Coulter), pursuant to notice, presented a Bill for an Act to establish as a law of the Territory a Code making provision for the regulation of third party access to railway infrastructure services in relation to the AustralAsia Railway, and for other purposes.
    Bill read a first time.
    Mr Coulter moved – That the Bill be now read a second time.
    On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
9. RADIATION (SAFETY CONTROL) AMENDMENT BILL 1999 (Serial 146):
    The Minister for Health, Family and Children’s Services (Mr Dunham), pursuant to notice, presented a Bill for an Act to amend the Radiation (Safety Control) Act.
    Bill read a first time.
    Mr Dunham moved - That the Bill be now read a second time.
    On the motion of the Leader of the Opposition (Ms Martin) debate was adjourned.
10. CHIEF MINISTER ‘S STATEMENT – STATEMENT NOTED:
    The Order of the Day having been read for resumption of debate on the question – That the Assembly take note of the Statement –
    Debate ensued.
    Question – put and passed.
11. COMMUNITY WELFARE AMENDMENT BILL 1999 (Serial 147):
    The Order of the Day having been read for the resumption of 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 Minister for Health, Family and Children’s Services (Mr Dunham) the Bill was read a third time and passed to be a proposed law.
12. JUVENILE JUSTICE AMENDMENT BILL (No. 4) 1998 (Serial 135) and CRIMES (VICTIMS ASSISTANCE) AMENDMENT BILL 1998 (Serial 136):
    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 resolved itself into Committee of the Whole for consideration of the Bills.
    ____________________

    In Committee
    (Chairman – Mr Mitchell)

    Juvenile Justice Amendment Bill (No. 4) 1998 (Serial 135):

    Suspension of Standing Orders: The Minister for Correctional Services (Mr Palmer) moved – That so much of Standing Orders be suspended as would prevent him moving all amendments, contained in Schedule 38 standing in his name, being put and taken together in one motion, forthwith.
    Question- put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
    Mr Palmer thereupon moved all amendments as per Schedule 38 standing in his name as follows:

    Insert after Clause 3 –
      '3A. Guidelines in relation to arrest of juveniles
          'Section 26 of the Principal Act is amended by omitting "section 75" and substituting "section 14A".'.

    Omit from clause 4 'must' and substitute 'must, except in a case to which subsection (1A) applies,'; and
    Insert in clause 4 after proposed subsection (1) the following:
      ' "(1A) If the offence charged is a property offence, the Court may, but need not, require a report to be provided under subsection (1).'.

    Insert after Clause 5 –
      '5A. Sentencing of repeat property offenders who have attained the age of 15 years
            'Section 53AE of the Principal Act is amended –
            (a) by inserting in subsection (2) ", or imprisoned," after "detention centre"; and
            (b) by inserting in subsection (2A) "or term of imprisonment" after "of a period of detention".'.

    In Clause 6 -

    Insert in the definition of 'fine' in proposed section 58A 'means the sum of money payable by a juvenile under an order of a court made on him or her being convicted or found guilty of an offence and' before 'includes';

    Omit from proposed section 58B(3) 'but has not attained the age of 18 years,';

    Insert in proposed section 58H(1) 'and the certificate on which the penalty was specified has not been withdrawn under section 58G' after 'section 58F';

    Omit from proposed section 58N(1)(b) 'infringement order' and substitute 'enforcement order';

    Omit from proposed section 58N(3)(b) 'section 58ZJ' and substitute 'section 58ZH(2)';

    Omit proposed section 58T(2);

    Insert after proposed section 58U the following:
    ' "Division 4 – Community Service Orders in respect of fines and penalties
            "Subdivision 1 – Making of Community Service Orders';
    Omit from proposed section 58W 'section 55U' and substitute 'section 58U'.

    Omit the following:
    ' "Division 4 – Community Service Orders in Respect of Fines and Penalties
            "Subdivision 1 – Making of Community Service Orders';

    Insert after proposed section 58X(2)(a) the following:
      '(ab) where the juvenile applied for the order under section 58M – the enforcement order in relation to which the order is to be made has not been revoked; ';

    Omit from proposed section 58ZD(b) 'section 53ZC' and substitute 'section 58ZC';

    Omit from proposed section 58ZF(1) 'infringement order' and substitute 'enforcement order';

    Omit from proposed section 58ZF(3)(c) 'program' and substitute 'project';

    Omit from proposed section 58ZG(1) 'infringement order' and substitute 'enforcement order';

    Omit from proposed section 58ZG(1)(b) 'infringement order' and substitute 'enforcement order';

    Omit from proposed section 58ZG(2) 'infringement order' and substitute 'enforcement order';

    Omit from proposed section 58ZG(2)(a) 'infringement order' and substitute 'enforcement order'; and

    Omit from proposed section 58ZJ(1) 'Part is relation' and substitute 'Part in relation'.

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




    Crimes (Victims Assistance) Amendment Bill 1999 (Serial 136):

    Bill, by leave, taken as a whole and agreed to as printed.
    Bill to be reported without amendment.
    ____________________

    The Assembly resumed.
    The Speaker resumed the Chair, the Chairman (Mr Mitchell) reported that the Committee had considered the following Bills and agreed to the –
Juvenile Justice Amendment Bill (No. 4) 1998 (Serial 135), with amendments; and
Crimes (Victims Assistance) Amendment Bill 1999 (Serial 136), without amendment.

    On the motion of the Minister for Correctional Services (Mr Palmer) the Bills were read a third time and passed to be proposed laws, after debate.
13. AUDITOR-GENERAL OF THE NORTHERN TERRITORY, FEBRUARY 1999, REPORT TO THE LEGISLATIVE ASSEMBLY – PAPER NOTED:
    The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Report –
    Debate ensued.
    Question – put and passed.

14.NEXT MEETING – MOTION AGREED TO:
    The Minister for Housing (Mrs Braham) moved – That the Assembly at its rising adjourn until Tuesday 20 April 1999 at 10:00 h or such other time and/or date as may be set by Mr Speaker, pursuant to Sessional Order.
    Question - put and passed.

15. ADJOURNMENT:
    The Minister for Housing (Mrs Braham) moved – That the Assembly do now adjourn.
    Debate ensued.
    Question – put and passed.
    And the Assembly adjourned at 18:52 h until 10:00 h on Tuesday 20 April 1999 or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order..
    ____________________

    PAPERS:
    The following Papers were deemed to have been presented on Thursday 25 February 1999 -

    Annual Reports:
    Mental Health Act 1997/98 (Paper 1003)
    National Crime Authority 1997/98 (Paper 999)
    National Environment Protection Council 1997/98 (Paper 1002)
    Pastoral Land Board 1997/98 (Paper 1001)
    Racing and Gaming Authority 1997/98 (Fifth) (Paper 1000)

    Coroners Act:
    In the Matter of an Inquest into the death of Andrew Ross, No. 9806775 (Paper 1006)
    In the Matter of an Inquest into the death of Braddley Wayne Gardner, No. 9722305 (Paper 1004)
    In the Matter of an Inquest into the death of Paul Jambajimba Bruno, No. 9722697 (Paper 1005)
    ____________________

    ATTENDANCE:
    All Members attended the sitting.
    Ian McNeill
    Clerk of the Legislative Assembly
Last updated: 04 Aug 2016
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