Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1999-10-14

Eighth Assembly First Session 12/10/1999 Parliamentary Record No. 19
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Date : 14/10/1999
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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) advised honourable Members of the presence in the Speaker’s Gallery of Members of the Friday Leisure Older Persons Society; Alexander Day Club; and Joy Anderson Centre.
    On behalf of honourable Members the Speaker extended a warm welcome to the visitors.
4. QUESTIONS:
    10:01 Ms Martin to Mr Burke.
    10:05 Mr Elferink to Mr Reed.
    10:16 Mr Henderson to Mr Dunham.
    Paper tabled: The Member for Wanguri (Mr Henderson), by leave, laid on the Table the following Paper –
Youth Consultation Evaluation Palmerston Friday Night Markets, 13th August 1999 (Paper 1523).

    10:21 Mr Hatton to Mr Burke.
    10:31 Mr Stirling to Mr Reed.
    Paper tabled: The Member for Nhulunbuy (Mr Stirling) laid on the Table the following Paper -
Northern Territory Fire and Rescue Service Staffing Review (Paper 1524).

    10:38 Dr Lim to Mr Dunham.
    10:45 Mr Stirling to Mr Reed.
    10:52 Mr Balch to Mr Baldwin.

    The Leader of Government Business (Mr Palmer) asked that further questions be placed on the Question Paper.
    Answer to question: Mr Dunham provided further information relating to a question asked earlier on Youth crisis accommodation in Palmerston.
5. THE SCHOLARSHIPS GUIDE – PAPER TABLED:
    The Chief Minister (Mr Burke) laid on the Table The Scholarships Guide, A Resource Guide for Young Territorians (Paper 1527).
    Mr Burke made a statement relating thereto.
6.ROAD SAFETY POLICIES AND PRACTICES IN THE NORTHERN TERRITORY – MINISTERIAL STATEMENT – STATEMENT NOTED:
    The Minister for Transport and Infrastructure Development (Mr Palmer) made a statement relating to the road safety practices and policy developments in the Northern Territory (Paper 1528).
    Mr Palmer moved – That the Assembly take note of the Statement.
    Debate ensued.
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    Suspension of sitting: The sitting was suspended between 11:56 h and 14:00 h.
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    Debate resumed.
    Question- put and passed.

7.HOUSING PRIORITIES – MINISTERIAL STATEMENT – STATEMENT NOTED:
    The Minister for Housing (Mrs Braham) made a statement relating to housing priorities for the Territory (Paper 1529).
    Mrs Braham moved – That the Assembly take note of the Statement.
    Debate ensued.
    Question- put and passed.

8. CEMETERIES AMENDMENT BILL 1999 (Serial 177):
    The Minister for Local Government (Mrs Braham), pursuant to notice, presented a Bill for an Act to amend the Cemeteries Act.
    Bill read a first time.
    Mrs Braham moved – That the Bill be now read a second time.
    On the motion of the Member for Arafura (Mr Rioli) debate was adjourned.
9. SALE OF GOODS AMENDMENT BILL 1999 (Serial 182):
    The Attorney-General (Mr Burke), pursuant to notice, presented a Bill for an Act to amend the Sale of Goods Act.
    Bill read a first time.
    Mr Burke moved – That the Bill be now read a second time.
    On the motion of the Member for Fannie Bay (Ms Martin) debate was adjourned.

10.NORTHERN TERRITORY LICENSING COMMISSION BILL 1999 (Serial 183); GAMING CONTROL AMENDMENT BILL 1999 (Serial 184); GAMING MACHINE AMENDMENT BILL 1999 (SERIAL 185); KAVA MANAGEMENT AMENDMENT BILL 1999 (Serial 186); LIQUOR AMENDMENT BILL 1999 (Serial 187); PRIVATE SECURITY AMENDMENT BILL 1999 (Serial 188); WORK HEALTH AMENDMENT BILL 1999 (Serial 189); AND RACING AND GAMING AUTHORITY ACT REPEAL BILL 1999 (Serial 190):
    Suspension of Standing Orders: The Minister for Industries and Business (Mr Baldwin) moved – That so much of Standing Orders be suspended as would prevent eight Bills entitled, Northern Territory Licensing Commission Bill 1999 (Serial 183); Gaming Control Amendment Bill 1999 (Serial 184); Gaming Machine Amendment Bill 1999 (Serial 185); Kava Management Amendment Bill 1999 (Serial 186); Liquor Amendment Bill 1999 (Serial 187); Private Security Amendment Bill 1999 (Serial 188); Work Health Amendment Bill 1999 (Serial 189); and Racing and Gaming Authority Act Repeal Bill 1999 (Serial 190) –
      (a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings; the committee’s report stage; and the third readings of the Bills together; and

      (b) the consideration of the Bills separately in the Committee of the Whole.

    Question – put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
    Mr Baldwin, pursuant to notice, presented a Bill for an Act to; establish the Northern Territory Licensing Commission and for related purposes; amend the Gaming Control Act consequential on the enactment of the Northern Territory Licensing Commission Act 1999; amend the Gaming Machine Act consequential on the enactment of the Northern Territory Licensing Commission Act 1999; amend the Kava Management Act consequential on the enactment of the Northern Territory Licensing Commission Act 1999; amend the Liquor Act consequential on the enactment of the Northern Territory Licensing Commission Act 1999; amend the Private Security Act consequential on the enactment of the Northern Territory Licensing Commission Act 1999; amend the Work Health Act; and repeal the Racing and Gaming Authority Act and for related purposes.
    Bills read a first time.
    Mr Baldwin moved – That the Bills be now read a second time.
    On the motion of the Member for Fannie Bay (Ms Martin) debate was adjourned.

11. NEW TAX SYSTEM PRICE EXPLOITATION CODE (NORTHERN TERRITORY) BILL 1999 (Serial 172); and COMPETITION POLICY REFORM (NORTHERN TERRITORY) AMENDMENT BILL 1999 (Serial 173):
    The Order of the Day having been read for the resumption of the debate on the question – That the Bills be now read a second time –
    Debate resumed.
    Question – put and passed.
    Bills read a second time.
    The Assembly resolved itself into Committee of the Whole for consideration of the Bill.

    In Committee
    (Chairman – Mr Mitchell)

    New Tax System Exploitation Code (Northern Territory) Bill 1999 (Serial 172):

    Bill, by leave, taken as a whole.
    On the motion of the Treasurer (Mr Reed) the following amendments were taken together, by leave, and agreed to –

    Omit from Clause 22 'Federal Court of Australia' and substitute 'Supreme Court'; and
    Omit Clause 23.

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

    Competition Policy Reform (Northern Territory) Amendment Bill 1999 (Serial 173):

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

    The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Mitchell) reported that the Committee had considered the following Bills and agreed to the –
New Tax System Exploitation Code (Northern Territory) Bill 1999 (Serial 172), with amendments; and
Competition Policy Reform (Northern Territory) Amendment Bill 1999 (Serial 173), without amendment.

    On the motion of the Treasurer (Mr Reed) the Bills were read a third time and passed to be proposed laws.
12. RESIDENTIAL TENANCIES BILL 1999 (Serial 169); and RESIDENTIAL TENANCIES (CONSEQUENTIAL AMENDMENTS) BILL 1999 (Serial 170):
    The Order of the Day having been read for the resumption of debate on the question – That the Bills be now read a second time –
    Debate resumed.
    Question – put and passed.
    Bills read a second time.
    The Assembly resolved itself into Committee of the Whole for the consideration of the Bills.

    In Committee
    (Chairman – Mr Mitchell)

    Residential Tenancies Bill 1999 (Serial 169):

    Clauses 1 to 6, by leave, taken together and agreed to.
    Clause 7 –
    On the motion of the Minister for Lands, Planning and Environment (Mr Baldwin) the following amendment was agreed to, after debate -
    Omit from subclause (5) "37," and substitute "37, 39(1) and (2),".
    Clause, as amended, agreed to.
    Clauses 8 to 25, by leave, taken together and agreed to.
    Clause 26 –
    On the motion of Mr Baldwin the following amendment was agreed to, after debate -
    Omit from subclause (3)(b) "subsection (2)" and substitute "subsection (1)(b)".
    Clause, as amended, agreed to.
    Clauses 27 to 111, by leave, taken together and agreed to.
    Clause 112 –
    On the motion of Mr Baldwin, by leave, the following uncirculated amendment was agreed to –
    Insert in subclause 2 after “7”, the word “business”.
    Clause, as amended, agreed to.
    Remainder of Bill, by leave, taken as a whole and agreed to.
    Bill to be reported with amendments.

    Residential Tenancies (Consequential Amendments) Bill 1999 (Serial 170):

    Clause 1 to 5, by leave, taken together and agreed to.
    Clause 6 –
    On the motion of Mr Baldwin the following amendment was agreed to –
    Omit subclause (3)(a) and (b) and substitute the following:
      '(a) by omitting from subsection (1) the definitions of "Commissioner", "demountable building" and "dwelling-house";

      (b) by omitting from subsection (1) the definition of "lessee" and substituting the following:
            " 'lessee' means a tenant or the party to a lease to whom premises are leased and includes a person in possession of premises under an assignment of a lease or a sub-lease, if the assignment or the sub-lease has been made or given without the consent of the lessor and that consent was expressly or impliedly required under the terms of the lease;";
      (ba) by omitting from subsection (1) the definitions of "periodical tenancy" and "premises" and substituting the following:
            " 'premises' means premises leased primarily for business purposes, whether or not the premises may be used as a residence under the lease;".'.

    On the motion of Mr Baldwin the following further amendment was agreed to –
    Insert after subclause (6) the following:

      '(6A) Section 42 of the Tenancy Act is amended by omitting "$2,000" and substituting "100 penalty units".'.

    On the motion of Mr Baldwin the following further amendment was agreed to –
    Omit from subclause (9) "100 penalty units" and substitute "1000 penalty units".
    On the motion of Mr Baldwin the following further amendment was agreed to –
    Omit subclause (11)(a) and substitute the following:
      '(a) by omitting "(1) Subject" and substituting "Subject"; and '.

    Clause 6, as amended, agreed to.
    Remainder of the Bill, by leave, taken as a whole and agreed to.
    Bill to be reported with amendments.

    The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Mitchell) reported that the Committee had considered the Bills and agreed to the –
Residential Tenancies Bill 1999 (Serial 169), with amendments; and
Residential Tenancies (Consequential Amendments) Bill 1999 (Serial 170), with amendments.
    On the motion of the Minister for Industries and Business (Mr Baldwin) the Bills were read a third time and passed to be proposed laws.
13. VETERINARIANS AMENDMENT BILL 1999 (Serial 174):
    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 Minister for Primary Industries and Fisheries (Mr Palmer) the Bill was read a third time and passed to be a proposed law.
14. MARINE POLLUTION BILL 1999 (Serial 167):
    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 Minister for Territory Ports (Mr Palmer) the Bill was read a third time and passed to be a proposed law.
15. PUBLIC ACCOUNTS COMMITTEE REPORT NO. 34 - INQUIRY INTO THE ROLES OF VARIOUS FUNDING BODIES IN THE DEVELOPMENT AND MAINTENANCE OF ROADS, AIRSTRIPS AND BARGE LANDINGS ON ABORIGINAL COMMUNITIES AND OUTSTATIONS IN THE NORTHERN TERRITORY – 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.
16. ADJOURNMENT:
    The Treasurer (Mr Reed) moved – That the Assembly do now adjourn.
    Debate ensued.
    Paper tabled: The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Paper –
Press release, Leader of the Opposition, Clare Martin MLA, dated September 1999 – Food Prices and Power Costs (Paper 1530).

    Debate continued.
    Question – put and passed.
    And the Assembly adjourned at 21:31 h until 10:00 h on Thursday 14 October 1999.

    PAPERS:
    The following Papers were deemed to be presented on Thursday 14 October 1999 –

    Annual Reports:
        Juvenile Justice Board of Management, Northern Region, 1998/99 (Paper 1525)
    Juvenile Justice Board of Management, Southern Region, 1998/99 (Paper 1526)

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