Minutes of Proceedings - 2000-08-17
Eighth Assembly First Session 08/08/2000 Parliamentary Record No. 24
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Date : 17/08/2000__________________________________________________________________________________
1. MEETING:
2. PRAYERS.
3. PETITION:
4. VISITORS:
8. COMMERCIAL TENANCIES LEGISLATION, DISCUSSION PAPER – PAPER TABLED - MOTION TO NOTE PAPER AND STATEMENT:
The Minister for Industries and Business (Mr Baldwin) laid on the Table a Discussion Paper, Commercial Tenancies Legislation, August 2000 (Paper 2061).
9. AUDITOR-GENERAL FOR THE NORTHERN TERRITORY, REPORT TO THE LEGISLATIVE ASSEMBLY, AUGUST 2000 – PAPER TABLED - PAPER PRINTED – MOTION TO NOTE REPORT:
10. INNOVATIONS, RESEARCH AND DEVELOPMENT IN TERRITORY HEALTH AND ESSENTIAL SERVICES – MINISTERIAL STATEMENT – STATEMENT NOTED:
11. TRESPASS AMENDMENT BILL 2000 (Serial 258):
12. WILLS BILL 2000 (Serial 262); FAMILY PROVISION AMENDMENT BILL 2000 (Serial 263); LAW OF PROPERTY AMENDMENT BILL 2000 (Serial 264); and PUBLIC TRUSTEE AMENDMENT BILL 2000 (Serial 265):
13. NORTHERN TERRITORY TOURIST COMMISSION AMENDMENT BILL 2000 (Serial 256):
14. STATUS OF PALMERSTON BILL 2000 (Serial 261):
15. LAND TITLE (CONSEQUENTIAL AMENDMENTS) BILL 2000 (Serial 248); LAW OF PROPERTY (CONSEQUENTIAL AMENDMENTS) BILL 2000 (Serial 249); and CROWN LANDS AMENDMENT BILL 2000 (Serial 250):
Law of Property (Consequential Amendments) Bill 2000 (Serial 249), without amendment; and
Crown Lands Amendment Bill 2000 (Serial 250), without amendment.
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Date : 17/08/2000
1. MEETING:
- The Assembly met at 10.00 h. The Speaker, the Honourable T R McCarthy, took the Chair.
2. PRAYERS.
3. PETITION:
- The Leader of the Opposition (Ms Martin) presented a petition from 43 petitioners relating to the Kurringal Flats Complex on Dick Ward Drive (Paper 2048).
Petition read.
4. VISITORS:
- The Speaker advised Honourable Members of the presence in the public galleries of students from St Josephs School, Katherine accompanied by their teacher Mr Luke O’Brien.
On behalf of all Members Mr Speaker extended a warm welcome to the visitors.
- The Speaker further advised of the presence in the public galleries of the Mayor of Katherine Mr Jim Forscutt.
- On behalf of all Members Mr Speaker extended a warm welcome to the distinguished visitor.
- 10:02 Ms Martin to Mr Reed.
10:06 Mr Mills to Mrs Braham.
10:12 Mr Toyne to Mr Lugg.
10:15 Mr Balch to Mr Baldwin.
10:20 Mr Toyne to Mr Lugg.
10:24 Dr Lim to Mr Reed.
10:00 Mr Henderson to Mr Lugg.
10:35 Ms Carter to Mr Reed.
10:42 Mr Stirling to Mr Lugg.
10:44 Mr Elferink to Mr Dunham.
10:49 Mr Ah Kit to Mr Lugg.
10:55 Mr Elferink to Mr Reed.
The Leader of Government Business (Mr Palmer) asked that further questions be placed on the Question Paper.
- The Speaker advised Honourable Members of the presence in the public galleries of students from Alice Springs High School and Anzac Hill High School students accompanied by their teachers Mr Gordon Kennedy; Ms Cathy Green and Ms Kerryann Iles.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
8. COMMERCIAL TENANCIES LEGISLATION, DISCUSSION PAPER – PAPER TABLED - MOTION TO NOTE PAPER AND STATEMENT:
The Minister for Industries and Business (Mr Baldwin) laid on the Table a Discussion Paper, Commercial Tenancies Legislation, August 2000 (Paper 2061).
- Mr Baldwin made a statement relating thereto.
Mr Baldwin moved – That the Assembly take note of the paper and statement.
Debate ensued.
On the motion of the Leader of the Opposition (Ms Martin) debate was adjourned.
9. AUDITOR-GENERAL FOR THE NORTHERN TERRITORY, REPORT TO THE LEGISLATIVE ASSEMBLY, AUGUST 2000 – PAPER TABLED - PAPER PRINTED – MOTION TO NOTE REPORT:
- The Speaker laid on the Table the August 2000 Report to the Legislative Assembly by the Auditor-General for the Northern Territory (Paper 2062).
- The Leader of Government Business (Mr Palmer) moved – That the Assembly print the Report.
Question – put and passed.
Mr Palmer, on behalf of and at the request of the Chief Minister (Mr Burke), moved – That the Assembly take note of the Report and that Mr Burke have leave to continue his remarks at a later hour.
Question – put and passed.
Leave granted for Mr Burke to continue his remarks at a later hour – debate adjourned.
10. INNOVATIONS, RESEARCH AND DEVELOPMENT IN TERRITORY HEALTH AND ESSENTIAL SERVICES – MINISTERIAL STATEMENT – STATEMENT NOTED:
- The Minister for Health, Family and Children’s Services (Mr Dunham) made a statement relating to innovations, research and developments in the portfolio areas of health and essential services (Paper 2060).
Mr Dunham moved – That the Assembly take note of the statement.
Debate ensued.
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Suspension of sitting: The sitting was suspended between 12:12 h and 14:15 h.
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- Suspension of Standing Orders: The Leader of Government Business (Mr Palmer) moved – That so much of Standing Orders be suspended as would prevent him moving a motion fixing the date for the next sittings of the Assembly, 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 – That the Assembly at its rising adjourn until Tuesday 10th October 2000 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.
Debate resumed on the motion – That the Assembly take note of the statement of Mr Dunham relating to innovations, research and developments in the portfolio areas of health and essential services.
Question – put and passed.
11. TRESPASS AMENDMENT BILL 2000 (Serial 258):
- The Attorney-General (Mr Burke), pursuant to notice, presented a Bill for and Act to amend the Trespass Act.
Bill read a first time.
Mr Burke moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
12. WILLS BILL 2000 (Serial 262); FAMILY PROVISION AMENDMENT BILL 2000 (Serial 263); LAW OF PROPERTY AMENDMENT BILL 2000 (Serial 264); and PUBLIC TRUSTEE AMENDMENT BILL 2000 (Serial 265):
- Suspension of Standing Orders – Take four Bills together: The Chief Minister (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent Bills entitled Wills Bill 2000 (Serial 262); Family Provision Amendment Bill 2000 (Serial 263); Law of Property Amendment Bill 2000 (Serial 264); and Public Trustee Amendment Bill 2000 (Serial 265) –
- (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; 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 being present and no dissentient voice.
Mr Burke, pursuant to notice, presented a Bill for and Act to clarify, amend and reform the law relating to the making, alteration, revocation, rectification and construction of wills and for related purposes; a Bill for an Act to amend the Family Provision Act consequential on the enactment of the Wills Act 2000; .a Bill for an Act to amend the Law of Property Act consequential on the enactment of the Wills Act 2000; and a Bill for an Act to amend the Public Trustee Act consequential on the enactment of the Wills Act 2000.
Bills read a first time.
Mr Burke moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
13. NORTHERN TERRITORY TOURIST COMMISSION AMENDMENT BILL 2000 (Serial 256):
- The Minister for Tourism (Mr Reed), pursuant to notice, presented a Bill for an Act to amend the Northern Territory Tourist Commission Act.
Bill read a first time.
Mr Reed moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
14. STATUS OF PALMERSTON BILL 2000 (Serial 261):
- The Minister for Housing and Local Government (Mrs Braham), pursuant to notice, presented a Bill for an Act to constitute the town of Palmerston as a city.
Bill read a first time.
Mrs Braham moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
15. LAND TITLE (CONSEQUENTIAL AMENDMENTS) BILL 2000 (Serial 248); LAW OF PROPERTY (CONSEQUENTIAL AMENDMENTS) BILL 2000 (Serial 249); and CROWN LANDS AMENDMENT BILL 2000 (Serial 250):
- 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.
In Committee
(Chairman – Mr Mitchell)
Land Title (Consequential Amendments) Bill 2000 (Serial 248):
Bill, by leave, taken as a whole.
Suspension of Standing Orders: The Leader of Government Business (Mr Palmer) moved – That so much of Standing Orders be suspended as would prevent a motion being moved to allow the Schedule of Amendments No. 77 standing in the name of Mr Burke to amend the Land Title (Consequential Amendments) Bill 2000 (Serial 248) being taken together, forthwith.
Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
The Chief Minister (Mr Burke) thereupon moved – That the Schedule of Amendments No. 77 standing in his name relating to the Land Title (Consequential Amendments) Bill 2000 (Serial 248) be put and taken together.
Question put and passed.
The Bill was amended as follows:
In Clause 3 -
Omit from subclause (6)(a) 'certificate of title' and substitute 'a certificate of title';
Omit subclause (7) and substitute the following:
'(7) Section 9 of the Crown Lands Amendment Act (No. 3) 1980 is amended –
- (a) by omitting "Real Property Act" and substituting "Land Title Act"; and
(b) by omitting "certificate of title" and substituting "certificate as to title". ';
Insert after subclause (7) the following:
'(7A) Section 10 of the Crown Lands Amendment Act (No. 3) 1980 is amended –
- (a) by omitting from subsection (3) "issues a certificate of title to the land" and substituting " records in the land register the details of the freehold title";
(b) by omitting from subsection (4) "on the certificate of title" and substituting "in the land register";
(c) by omitting from subsection (5) "certificate of title" (twice occurring) and substituting "certificate as to title"; and
(d) by omitting subsection (6).'; and
Insert after subclause (8) the following:
'(8A) Section 13 of the Crown Lands Amendment Act (No. 3) 1980 is amended –
- (a) by omitting from subsection (2) "on a certificate of title" and substituting "in the land register"; and
(b) by omitting from subsection (2) "on the certificate of title" and substituting "in the land register".'.
In Clause 5 -
Omit subclause (3) and substitute the following:
- '(3) Section 17 of the Land Title Act 2000 is amended by omitting subsection (1) and substituting the following:
- "(1) The Registrar-General may correct or amend the land register if satisfied –
- (a) that –
- (i) the land register is incorrect; or
(ii) land has been alienated under legislation providing for leasehold or freehold title, whether before 1 January 1887 or not, but the particulars do not form part of the land register; and
- Insert after subclause (13) the following:
'(13A) Section 112 of the Land Title Act 2000 is amended by omitting "(7) The notice" and substituting "(7A) The notice".';
Insert before subclause (14) the following:
'(13B) Section 142 of the Land Title Act 2000 is amended –
- (a) by omitting from subsection (1) "does not apply to a caveat if" and substituting "applies to a caveat unless";
(b) by omitting subsection (5) and substituting the following:
- "(5) Except as provided in subsection (6), the caveat lapses –
(a) 14 days after notice is served on the caveator under subsection (3); or
(b) 3 months after the caveat is lodged under section 138,
Insert after subclause (15) the following:
- '(15A) Section 165 of the Land Title Act 2000 is amended by omitting "(3) A documents" and substituting "(4) A document".'.
In Schedule 2 -
Omit the amendments relating to section 14(2) of the Limitation Act and substitute the following:
| 'Section 14(2) | "Real Property Act" | "Land Title Act" |
 | "section 57" | "section 179" '. |
Amendments agreed to.
Bill, as amended, agreed to.
Bill to be reported with amendments.
Law of Property (Consequential Amendments) Bill 2000 (Serial 249):
Bill taken as a whole, by leave, and agreed to.
Bill to be reported without amendment.
Crown Lands Amendment Bill 2000 (Serial 250):
Bill taken as a whole, by leave, 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 -
Law of Property (Consequential Amendments) Bill 2000 (Serial 249), without amendment; and
Crown Lands Amendment Bill 2000 (Serial 250), without amendment.
- On the motion of the Chief Minister (Mr Burke) the Bills were read a third time and passed to be proposed laws.
- The Leader of Government Business (Mr Palmer) moved – That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Minister for Local Government (Mrs Braham) laid on the Table the following Paper –
Debate continued.
- Paper tabled: The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Paper –
- Debate continued.
Question – put and passed.
And the Assembly adjourned at 19:03 h until 10:00 h on Tuesday 10 October 2000 or such other day and/or time as may be set by Mr Speaker, pursuant to Sessional Order.
- PAPERS:
The following Papers were deemed to have been presented on Thursday 17 August 2000 –
Annual Reports:
Listening Devices Act, 1999/00 (Paper 2067)
Coroners Act:
In the matter of an inquest into the death of Robert James Hodgkinson, No. 9918655, dated 14 June 2000 (Paper 2049)
Financial Management Act:
Direction - Transfer of Excess Allocations Between Activities, pursuant to Section 20(1)(a), dated 30 June 2000 (Paper 2051)
Transfer of Allocation Between Financial Years, pursuant to Section 22(2), dated 30 June 2000 (Paper 2052)
- Direction - Transfer of Excess Allocations Between Activities, pursuant to Section 20(1)(b), dated 30 June 2000 (Paper 2053)
Direction - Transfer of Excess Allocations Between Activities, pursuant to Section 20(1)(b), dated 30 June 2000 (Paper 2054)
Determination of Amount of Variation of Allocation to Activity, pursuant to Section 23(1), dated 30 June 2000 (Paper 2055)
Determination of Amount of Variation of Allocation to Activity, pursuant to Section 23(1), dated 22 June 2000 (Paper 2056)
Determination of Amounts of Allocation Transferred on Redistribution of Public Business Amongst Agencies, pursuant to Section 21(1), dated 26 June 2000 (Paper 2057)
Variation of Allocation to Activities, pursuant to Section 23(1), dated 30 June 2000 (Paper 2058)
Variation of Allocation to Activities, pursuant to Section 23(1), dated 30 June 2000 (Paper 2059)
Plan of Management:
Roadside Historical Reserves, Central Mount Stuart, Attack Creek & John Flynn Historical Reserves, January 2000, Parks and Wildlife Commission of the Northern Territory (Paper 2063)
Report:
2000 Strategic Review of the Northern Territory Auditor-General's Office, Lee White, Assistant Auditor-General, NSW Audit Office, July 2000 (Paper 2050) ATTENDANCE:
All Members attended the sitting.
Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016