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Minutes of Proceedings - 1996-08-15

Seventh Assembly First Session 13/08/1996 Parliamentary Record No. 23
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Date : 15/08/1996
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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. MESSAGE FROM THE ADMINISTRATOR:
    The Speaker advised Honourable Members that he had received the following Message from His Honour the Administrator -
      Message No. 22

      I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of Australia, advise the Legislative Assembly that, pursuant to section 7 of the Northern Territory (Self-Government) Act 1978, of the Commonwealth, I have given my assent to the following proposed laws:

      17 June 1996:
      Gaming Control Amendment Act 1996
      Juries Amendment Act 1996
      Liquor Amendment Act 1996
      Police Administration Amendment Act 1996
      Summary Offences Amendment Act (No. 2) 1996
      25 June 1996:
      Juvenile Justice Amendment Act 1996
      Motor Vehicles Amendment Act 1996
      Traffic Amendment Act 1996

      28 June 1996:
      Births, Deaths and Marriages Registration Act 1996
      Births, Deaths and Marriages Registration (Consequential Amendments) Act 1996
      Competition Policy Reform (Northern Territory) Act 1996
      Education Amendment Act 1996
      Sentencing (Consequential Amendments) Amendment Act 1996
      Supply Act 1996-97

      Dated 13th day of August, 1996.


(Sgd) AUSTIN ASCHE
Administrator.
    (Paper 2584)



4. NOMINATION OF GENERAL BUSINESS DAY:
    The Leader of Government Business (Mr Coulter) advised - That, pursuant to Standing Order 93, Wednesday 21 August 1996 would be the next day on which General Business shall have precedence of Government Business.
5. NOTICE:
    The following notice was given -
      Mr Burke: To present the Summary Offences Amendment Bill (No. 2) 1996 (Serial 167).
6. QUESTIONS:
    Questions were asked of Ministers.
    Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
      Transcript of conversation allegedly referring to information provided to Mr Nick Dondas’ campaign team during the 1996 Federal Election campaign (Paper 2580).

    Further questions were asked of Ministers.
    Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -

    Letter, Hon Marshall Perron, MLA, Chief Minister, dated 30 May 1994 (Paper 2581).

    A further question was asked of a Ministers.
    Paper tabled: The Minister for Education and Training (Mr Finch) laid on the Table the following Paper -
      Graph, Education - Gross Outlays, 1991-92 to 1996-97, Source: N T Treasury (Paper 2582).

      Further questions were asked of Ministers.
7. ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - MINISTERIAL STATEMENT - MOTION AFFIRMING CUT-OFF DATE FOR LAND CLAIMS, AS AMENDED, AGREED TO - STATEMENT NOTED:
    The Minister for Lands, Planning and Environment (Mr Reed) made a statement relating to the operation of the Federal Aboriginal Land Rights (Northern Territory) Act 1976.
    Mr Reed, by leave, moved - That - This Assembly -
      1. calls upon the Commonwealth Parliament to reaffirm its commitment to the 1997 cut-off date for claims as presently provided for in section 50(2A) under the Aboriginal Land Rights (Northern Territory) Act 1976; and

      2. calls upon the Commonwealth Parliament to reject any proposals to extend or remove that cut-off date.
    Mr Reed thereupon moved - That the Assembly take note of the Statement.
    Ordered - That the Assembly consider the motion first moved by Mr Reed relating to cut-off date provisions under the Aboriginal Land Rights (Northern Territory) Act 1976.
    Debate ensued.

    The Member for Arnhem (Mr Ah Kit) moved the following amendment -
    Omit all words after “That” and insert in their stead the following -
        “This House -

        1. affirms its support for the Aboriginal Land Rights (Northern Territory) Act 1976 and the principles underlying that Act, in particular:
          (a) the right of Aboriginal people to hold land acquired under that Act under secure inalienable title;

          (b) the right of Aboriginal people to control access to that land subject only to the national interest;

          (c) the adequate protection of sacred sites; and

          (d) the right of Aboriginal people to statutory mining royalty equivalents; and
        2. calls upon the Commonwealth Parliament to reaffirm its commitment to the Aboriginal Land Rights (Northern Territory) Act 1976 including the cut-off date for claims as provided for in section 50(2A) of that Act.”.
      The Leader of Government Business (Mr Coulter) 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, 15 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 Mitchell
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.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 7 NOES, 15

Mr Ah Kit Mr Adamson
Mr Bailey Mr Baldwin
Mr Bell Mrs Braham
Mr Ede Mr Burke
Mrs Hickey Mr Coulter
Ms Martin Mr Finch
Mr Stirling Mr Hatton
Dr Lim
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
    Amendment negatived accordingly.
    ____________________
        Suspension of sitting: The sitting was suspended between 12 noon and 2.00 p.m.
    ____________________
      Debate resumed on the motion moved by Mr Reed relating to the cut-off date provisions under the Aboriginal Land Rights (Northern Territory) Act 1976.
        The Member for Fannie Bay (Ms Martin) moved the following amendment -
        Omit all words after “That” and insert in their stead the following -

        “This House -

        1. acknowledges the benefits that have accrued to the Northern Territory and its citizens from the implementation of the Aboriginal Land Rights (Northern Territory) Act 1976;

        2. gives strong support and endorsement to the principles underlying the Aboriginal Land Rights (Northern Territory) Act 1976; and

        3. calls upon the Commonwealth Parliament to confirm its continuing support for the Aboriginal Land Rights (Northern Territory) Act 1976 including the cut-off date for claims as provided for in section 50(2A) of that Act.
      Question - That the amendment be agreed to - put.
      The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

      AYES, 6 NOES, 14

      Mr Bailey Mr Adamson
      Mr Bell Mr Baldwin
      Mr Ede Mrs Braham
      Mrs Hickey Mr Burke
      Ms Martin Mr Coulter
      Mr Stirling Mr Finch
      Mr Hatton
      Dr Lim
      Mr Manzie
      Mr Mitchell
      Mr Palmer
      Mr Poole
      Mr Reed
      Mr Stone
        Amendment negatived accordingly.
        Debate continued.
      Paper tabled: The Minister for Primary Industry and Fisheries (Mr Palmer) laid on the Table the following Paper -

        Northern Territory Government Position on Aboriginal Land Claims, 1976 - August 1996 (Paper 2585).
        Debate continued.
        The Leader of the Opposition (Mrs Hickey) moved the following amendment -
        Omit all words after “That” and insert in their place the following -

        “This Parliament -

        1. expresses its support for -
          (a) the Aboriginal Land Rights(Northern Territory) Act 1976,as amended, including section 50(2A) of that Act; and
          (b) the principles that underlie the Aboriginal Land Rights (Northern Territory) Act 1976; and

        2. affirms its intention of working cooperatively with Aboriginal Territorians to maximise the benefits that flow to the Territory under this Act.
      Question - That the amendment be agreed to - put.
    The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

      AYES, 6 NOES, 13

      Mr Bailey Mr Adamson
      Mr Bell Mr Baldwin
      Mr Ede Mrs Braham
      Mrs Hickey Mr Coulter
      Ms Martin Mr Finch
      Mr Stirling Mr Hatton
      Dr Lim
      Mr Manzie
      Mr Mitchell
      Mr Palmer
      Mr Poole
      Mr Reed
      Mr Stone
    Amendment negatived accordingly.
      Debate continued.
        The Member for Macdonnell (Mr Bell) moved the following amendment -
        Add at the end of the motion the following -

        “and this Parliament -

        1. notes the Minister’s statement and expresses its support for -
          (a) the Aboriginal Land Rights (Northern Territory) Act 1976, as amended, including section 50(2A) of that Act;
          (b) the principles that underlie the Aboriginal Land Rights (Northern Territory) Act 1976; and

        2. affirms its intention of working cooperatively with Aboriginal Territorians to maximise the benefits that flow to the Territory under this Act.”.
      Question - That the amendment be agreed to - put.
      The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

      AYES, 13 NOES, 6

      Mr Adamson Mr Bailey
      Mr Baldwin Mr Bell
      Mrs Braham Mr Ede
      Mr Coulter Mrs Hickey
      Mr Finch Ms Martin
      Mr Hatton Mr Stirling
      Dr Lim
      Mr Manzie
      Mr Mitchell
      Mr Palmer
      Mr Poole
      Mr Reed
      Mr Stone

      And so it was resolved in the affirmative.
      Question - That the amendment be agreed to - put and negatived.
      Debate continued.
        Papers tabled: Mr Reed laid on the Table the following Papers -

        ABTA Distributions for Land Councils Administration Expenses, subsection 64(1) and 64(7), distributions from 1987-88 to 1992-93 (Paper 2586);
        Land Council Administrative Expenses, Increases, compared with CPI and running cost budgets (Paper 2587);
        Graph, S.64(1) and 64(7) Payments to Land Councils (Paper 2588); and
        Map, Community Living Areas - 27 May 1996 (Paper 2589).

        Mr Reed moved the following further amendment -
        Insert after the word “Assembly” the following -
          “1. affirms its support for the Aboriginal Land Rights (Northern Territory) Act 1976;

          “2. affirms its intention of working cooperatively with Aboriginal Territorians to maximise the benefits that can flow to the Territory under the Act through the sustainable use of Aboriginal land and its resources; and”.

        Question - That the amendment be agreed to - put and passed.
        Question - That the motion, as amended, be agreed to - put and passed.
        Question - That the Assembly take note of the Statement - put and passed.
    ________________________
      Final resolution reads:
        This Assembly -
          1. affirms its support for the Aboriginal Land Rights (Northern Territory) Act 1976;

          2. affirms its intention of working cooperatively with Aboriginal Territorians to maximise the benefits that can flow to the Territory under the Act through the sustainable use of Aboriginal land and its resources;
          3. calls upon the Commonwealth Parliament to reaffirm its commitment to the 1997 cut-off date for claims as presently provided for in section 50(2A) under the Aboriginal Land Rights (Northern Territory) Act 1976; and
          4. calls upon the Commonwealth Parliament to reject any proposals to extend or remove that cut-off date.
    _______________________

    8. MT TODD PROJECT AGREEMENT RATIFICATION ACT - FURTHER AGREEMENT, DATED 31 JULY 1996 - PAPER TABLED - MOTION TO NOTE PAPER:
      The Minister for Mines and Energy (Mr Manzie) laid on the Table the Further Agreement of the Mt Todd Project Agreement between the Northern Territory of Australia and Pegasus Gold Australia Pty Ltd, dated 31 July 1996 (Paper 2590).
        Mr Manzie made a statement relating thereto.
        Mr Manzie moved - That the Assembly take note of the Paper.
        On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
    9. APPROPRIATION BILL 1996-97 (Serial 166):
      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.
        On the motion of the Member for Greatorex (Dr Lim) debate was adjourned.

    10. ADJOURNMENT:
      The Minister for Asian Relations, Trade and Industry (Mr Poole) moved - That the Assembly do now adjourn.
        Debate ensued.
      Paper tabled: The Minister for Lands, Planning and Environment (Mr Reed) laid on the Table the following Paper -
        Letter, Hon Mike Reed, MLA, Minister for Lands, Planning and Environment to Ms T. Pratt, dated 29 July 1996 (Paper 2591).

        Debate continued.
        And the Assembly adjourned at 10.43 p.m. until Tuesday 20 August 1996 at 10.00 a.m.
        ________________________________

        ATTENDANCE:
        All Members attended the sitting except Mr Rioli, on leave.

        Ian McNeill
        Clerk of the Legislative Assembly
    Last updated: 04 Aug 2016
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