Minutes of Proceedings - 2000-10-17
__________________________________________________________________________________
Date : 17/10/2000
1. MEETING:
The Assembly met at 10.00 h. The Speaker, the Honourable T. R. McCarthy, took the Chair.
2. PRAYERS.
3. MESSAGE FROM ADMINISTRATOR:
The Speaker (Mr McCarthy) advised Members that he had received the following Message from His Honour the Administrator:
Assent to Proposed Laws
I, NEIL RAYMOND CONN, the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of my assent, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, to the following proposed laws:
- 19 August 2000
- Firearms Amendment Bill 2000 (Serial 253) (No. 39 of 2000)
- Appropriation (Adelaide to Darwin Railway) Act 2000 (No. 40 of 2000)
Energy Pipelines Amendment Act 2000 (No. 43 of 2000)
Petroleum Amendment Act (No. 2) 2000 (No. 42 of 2000)
Work Health Amendment Act (No. 2) 2000 (No. 41 of 2000)
- Crown Lands Amendment Act 2000 (No. 44 of 2000)
Land Title (Consequential Amendments) Act 2000 (No. 45 of 2000)
Law of Property (Consequential Amendments) Act 2000 (No. 46 of 2000)
N R Conn
Administrator
(Paper 2131)
4. CHAMBER MICROPHONES:
The Speaker advise Members that the microphones for Members Dr R Lim, Mr J Ah Kit, Honourable E Poole, Mr T Mills and Mr J Elferink were inoperable and requested that they use the microphone dais provided.
5. LEAVE OF ABSENCE:
The Leader of Government Business (Mr Palmer) moved – That leave of absence be granted to the Member for Port Darwin (Ms Carter) for Tuesday 17 October 2000 to Thursday 19 October 2000 inclusive, due to her attendance at a Commonwealth Parliamentary Association Seminar.
Question – put and passed.
6. RESPONSE TO PETITIONS:
The Clerk in accordance with Standing Order 100A tabled a response to the following petition:
- No. 44 – re Legalisation of “Paintball” (Paper 2132).
7. NOTICES:
- The following notices were given:
Mr Burke: To present the AustralAsia Railway (Special Provisions) Amendment Bill (No. 2) 2000 (Serial 281).
Mr Burke: To present the AustralAsia Railway Corporation Amendment Bill (No. 2) 2000 (Serial 282). Leave of absence: The Chief Minister (Mr Burke), by leave, moved – That he have leave of absence for Wednesday 18 October 2000 to attend to government business relating to the construction of the AustralAsia Railway.
Question – put and passed.Mrs Braham: To present the Caravan Parks Act Repeal Bill 2000 (Serial 277).
Mrs Braham To present the Hawkers Act Repeal Bill 2000 (Serial 279).
Mr Manzie: To present the Prisons (Correctional Services) Amendment Bill (No. 2) 2000 (Serial 274).
- 10:06 Mr Stirling to Mr Reed.
10:11 Mr Balch to Mr Reed.
10:16 Ms Martin to Mr Baldwin.
Paper tabled: The Leader of the Opposition (Ms Martin), by leave, laid on the Table the following Paper -
10:18 Dr Lim to Mr Baldwin.
10:26 Mrs Hickey to Mr Baldwin.
10:28 Mr Mills to Mr Lugg.
10:30 Dr Toyne to Mr Lugg.
10:32 Mr Elferink to Mr Reed.
Paper tabled: The Deputy Chief Minister (Mr Reed) laid on the Table the following Paper -
10:38 Dr Toyne to Mr Lugg.
10:41 Mr Mitchell to Mrs Braham.
10:48 Dr Toyne to Mr Lugg.
10:50 Mr Balch to Mr Manzie.
Paper tabled: The Minister for Asian Relations and Trade (Mr Manzie) laid on the Table the following Paper –
10:54 Mr Stirling to Mr Reed.
11:00 Dr Lim to Mr Dunham.
The Leader of Government Business (Mr Palmer) asked that further questions be placed on the Question Paper.
- The Minister for Lands, Planning and the Environment (Mr Baldwin) made a statement relating to the improvements in the Territory’s land and geographic information management (LAIS) (Paper 2140).
Mr Baldwin moved – That the Assembly take note of the Statement.
Debate ensued.
Question – Put and passed.Suspension of sitting: The sitting was suspended between 11:54 h and 14:00 h.
10. APPRENTICESHIP SCHEMES: TRAINING STRATEGIES IN PLACE AND TRAINING PROGRAMS IN READINESS TO SUPPORT THE RAILWAY PROJECT – MINISTERIAL STATEMENT – STATEMENT NOTED.
- The Minister for Tertiary Education and Training (Mr Lugg) made a statement relating to the introduction of a new apprenticeship system into the Northern Territory Vocational Education and Training system (VET) (Paper 2141).
Mr Lugg moved – That the Assembly take note of the Statement.
Debate ensued.
Question – put and passed.
- The Speaker advised Members that the Member for Stuart (Dr Toyne) had proposed as a definite matter of public importance for discussion this day –
The need to address critical issues in the Northern Territory school education system to ensure progress into the future.
The Speaker thereupon called upon Dr Toyne to address the Assembly.
Discussion ensued.
Paper tabled: The Minister for School Education (Mr Lugg) laid on the Table the following Paper –
Discussion continued.
Discussion concluded.
- The Treasurer (Mr Reed), at the request of and on behalf of the Chief Minister (Mr Burke), pursuant to notice, presented a Bill for and Act to amend the Misuse of Drugs 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.
- The Treasurer (Mr Reed), at the request of and on behalf of the Chief Minister (Mr Burke), pursuant to notice, presented a Bill for and Act to facilitate electronic transactions, and for other purposes.
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. TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT BILL 2000 (Serial 260):
- The Order of the Day having been read for the resumption of the debate on the question – The Bill be now read a second time –
Debate resumed.Visitors: The Speaker advised members of the presence in the public galleries of Darwin Sea Scouts accompanied by their Scout Leader Ms Kathy Sadler.
On behalf of all Members Mr Speaker extended a warm welcome to the visitors.Question- put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole for the consideration of the Bill.
In Committee
(Chairman - Mr Mitchell)
Bill, by leave, taken as a whole.
Suspension of Standing Orders: The Minister for Parks and Wildlife (Mr Reed) moved – That so much of Standing Orders be suspended as would prevent a motion being moved to allow the Schedule of Amendments No. 80 standing in his name to amend the Territory Parks and Wildlife Conservation Amendment Bill 2000 (Serial 260) being taken together, forthwith.
Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Reed thereupon moved – That the Schedule of Amendments No. 80 standing in his name relating to the Territory Parks and Wildlife Conservation Amendment Bill 2000 (Serial 260) be put and taken together.
Question – put and passed.
The Bill was amended as follows:
In Clause 12 –
Omit from proposed section 45(2)(f) “a permit to do so” and substitute “a permit to do so or is a nominee under a permit granted to another person to do so”;
Omit from proposed section 46(1) all the words from and including “served” to and including “require” and substitute the following:
“served on –
(a) a person who is or was the holder of a permit;
(b) a person who is or was a nominee under a permit; or
(c) a person who is or was otherwise authorised under this Act to deal with wildlife,
- require”;
Omit from proposed section 56(3) “a person who” and substitute “a person if the person or a nominee specified by the person in the application”;
Add at the end of proposed section 56(4) “and, if the permit is granted to a person and his or her nominees, is to specify the nominees”;
Omit from proposed section 57(1)(b)(xi) “in the case of a permit that is granted to a person who” and substitute “if the holder of the permit or a nominee under the permit”;
Omit from proposed section 57(3) “and every person who carries out activities under the permit for and on behalf of the holder of the permit must” and substitute “, each nominee under the permit and each person employed or otherwise engaged by the holder of the permit or a nominee under the permit to carry out activities under the permit must”;
Omit from proposed section 57(4) “the prescribed royalty” and substitute “the royalties (if any) assessed in accordance with section 116”;
Insert after proposed section 59(1)(a) the following:
- “(aa) a nominee under a permit –
- (i) is found guilty of an offence against this Act or that otherwise relates to wildlife; or
(ii) is in breach of a term or condition of the permit;”;
- “authorise –
(a) the holder of the permit;
(b) a nominee under the permit; or
(c) a person employed or otherwise engaged by the holder of the permit or a nominee under the permit to carry out activities under the permit,
- to enter”;
- “(1) On granting a permit, the Director may issue a duplicate of the permit for –
- (a) each nominee under the permit; and
(b) each person who will be employed or otherwise engaged by the holder of the permit or a nominee under the permit to carry out activities under the permit.”; and
‘ “67D. Compliance with permit
- ‘ “The following persons must not contravene or fail to comply with a permit:
(a) the holder of the permit;
(b) a nominee under the permit;
(c) a person employed or otherwise engaged by the holder of the permit or a nominee under the permit to carry out activities under the permit.
- Penalty: In the case of a natural person – 50 penalty units or imprisonment for 6 months.
In the case of a body corporate – 250 penalty units.”.’
Insert after Clause 18 the following:
'19. New section
- Section 96 of the Principal Act is repealed and the following substituted:
- ' "(1) In this section –
'enter' includes to board;
'premises' includes vacant land and vehicles;
'residential premises' means premises used exclusively or primarily for residential purposes and includes a private room in a motel, hotel or guesthouse while the room is occupied but does not include a private room in a motel, hotel or guesthouse if the room is unoccupied or any other part of a motel, hotel or guesthouse;
'vehicle' includes an aircraft and a vessel.
' "(2) For the purposes of this section, a vehicle, substance or thing is connected with an offence if –
- (a) the offence has been committed with respect to the vehicle, substance or thing;
(b) the vehicle, substance or thing will afford evidence of the commission of the offence; or
(c) the vehicle, substance or thing was used, is being used or is intended to be used for the purpose of committing the offence.
- (a) enter –
(i) premises other than residential premises at any time of the day or night; or
(ii) any premises with the consent of the occupier or a person apparently in charge of the premises; and
(b) enter premises under paragraph (a)(i) or (ii) with the assistance, and using the force, that is necessary and reasonable.
' "(5) A conservation officer who enters premises under subsection (3) may do any of the following:
- (a) inspect or examine the premises or a substance or thing found in or on the premises;
(b) break open and search furniture and fixtures, or boxes, packages and other containers, found in or on the premises;
(c) take measurements of, or conduct tests in relation to, the premises or a substance or thing found in or on the premises;
(d) take photographs, films or audio, video or other recordings of the premises or a substance or thing found in or on the premises;
(e) take and remove from the premises samples for analysis of a substance or thing found in or on the premises;
(f) if the premises entered are a vehicle – subject to subsection (9), seize the vehicle;
(g) subject to subsection (9), seize a substance or thing found in or on the premises, including a vehicle;
(h) in the case of a document found in or on the premises – take copies of or extracts from the document;
(j) require a person in or on the premises to –
- (i) answer questions or provide information;
(ii) make available documents kept on the premises; or
(iii) provide reasonable assistance to the conservation officer in relation to the exercise of his or her powers under this section.
- (a) may require a person to stop, to state his or her name and address and to answer the questions put to the person by the officer; and
(b) if the officer believes on reasonable grounds that the person –
- (i) has committed, is committing or is about to commit an offence against this Act; or
(ii) is in possession of a substance or thing connected with an offence,
- may require the person to accompany the officer to a place, at that place search the person and any bag or other container in the person's possession and, subject to subsection (9), seize a substance or thing found on the person or in the person's possession.
- (a) if the person is female – a female conservation officer; or
(b) if the person is male – a male conservation officer.
- (a) in the case of a sample taken under subsection (5)(e) or a vehicle, substance or thing seized under subsection (5)(f) or (g) –
(i) the occupier or a person apparently in charge of the premises; or
(ii) the person who the conservation officer reasonably believes was in possession of the sample, vehicle, substance or thing immediately before it was taken or seized; or
(b) in the case of a substance or thing seized under subsection (6)(b) – the person searched.
- (a) the vehicle, substance or thing is connected with an offence against this Act; and
(b) the seizure is necessary to prevent the vehicle, substance or thing from being –
- (i) concealed, lost, damaged or destroyed; or
(ii) used to commit the offence.
- (a) to remain on premises entered by the conservation officer under subsection (5) if, on request by the occupier or a person apparently in charge of the premises, the conservation officer does not produce his or her identity card; or
(b) to continue to do anything authorised under subsection (6) in respect of a person if, on request by the person, the conservation officer does not produce his or her identity card.".'.
In Clause 26 –
Omit proposed section 115B and substitute the following:
' "115B. Liability of permit holders and nominees for actions of others under permit
- ' "(1) Where –
- (a) a nominee under a permit; or
(b) a person employed or otherwise engaged by the holder of a permit or a nominee under a permit to carry out activities under the permit,
commits an offence against this Act while carrying out or purportedly carrying out activities under the permit, the holder of the permit is to be taken to have committed the same offence.
- (a) that the nominee or the person referred to in subsection (1)(b) would not have been found guilty of the offence because the nominee or person would have been able to establish a defence;
(b) that the defendant did not know, and could not reasonably have been expected to know, that the offence was to be or was being committed; or
(c) that the defendant exercised due diligence to prevent the commission of the offence.
' "(4) It is a defence to a prosecution for an offence committed by virtue of subsection (3) –
- (a) that the person referred to in subsection (3) would not have been found guilty of the offence because the person would have been able to establish a defence;
(b) that the defendant did not know, and could not reasonably have been expected to know, that the offence was to be or was being committed; or
(c) that the defendant exercised due diligence to prevent the commission of the offence.
' "(6) A person is not liable to imprisonment if found guilty of an offence by virtue of subsection (1) or (3) if the person would not have been found guilty of the offence if subsection (1) or (3) had not been enacted.
- ' "(1) Where, in a prosecution for an offence against this Act, it is necessary to establish the state of mind of a body corporate or a natural person in relation to particular conduct, it is sufficient to show –
- (a) that the conduct was engaged in by a director, employee or agent of the body corporate, or an employee or agent of the natural person, within the scope of his or her actual or apparent authority; and
(b) that the director, employee or agent had that state of mind.
' "(3) A natural person is not liable to imprisonment for an offence against this Act if the person would not have been found guilty of the offence if subsection (1) or (2) had not been enacted.
' "(4) A reference in this section to engaging in conduct is to be read as including a reference to failing or refusing to engage in conduct.
' "(5) A reference in this section to a director of a body corporate is to be read as including a reference to a member of a body corporate incorporated for a public purpose by a law of the Territory, the Commonwealth or a State or another Territory of the Commonwealth.".'.
In Clause 27 -
Omit from proposed section 116(3)(a) "the holder;" and substitute "the holder to the Territory;";
Omit from proposed section 116(3)(b) "paid" and substitute "paid to the Territory";
Omit from proposed section 116(3)(c) "owing" and substitute "owing to the Territory";
Omit from proposed section 116(3)(c)(i) "value" and substitute "value to or at the direction of the Territory"; and
Omit from proposed section 116(3)(c)(ii) "agreement", "the royalties" and "made" and substitute "agreement with the Territory", "royalties to the Territory" and "made to or at the direction of the Territory", respectively.
In Clause 33 –
Omit subclause (3);
Omit subclause (4); and
Omit from subclause (7) "section 51(1)" and substitute "section 49(1)".
Amendments agreed to.
Bill, as amended, agreed to - put.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -
AYES, 14 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Henderson
Mr Baldwin Mrs Hickey
Mr Braham Ms Martin
Mr Dunham Mr Rioli
Mr Elferink Mr Stirling
Dr Lim Dr Toyne
Mr Lugg
Mr Manzie
Mr Mills
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
And so it was resolved in the affirmative - Bill, as amended, agreed to.
Bill to be reported with amendments - put.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -
AYES, 14 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Henderson
Mr Baldwin Mrs Hickey
Mr Braham Ms Martin
Mr Dunham Mr Rioli
Mr Elferink Mr Stirling
Dr Lim Dr Toyne
Mr Lugg
Mr Manzie
Mr Mills
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
And so it was resolved in the affirmative - 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 Bill and agreed to the same with amendments - put.
Question - That the motion, the Bill as reported with amendments, be agreed to - put.
The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -
AYES, 14 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Henderson
Mr Baldwin Mrs Hickey
Mr Braham Ms Martin
Mr Dunham Mr Rioli
Mr Elferink Mr Stirling
Dr Lim Dr Toyne
Mr Lugg
Mr Manzie
Mr Mills
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
And so it was resolved in the affirmative – Bill as reported with amendments, agreed to.
On the motion of the Minister for Parks and Wildlife (Mr Reed) the Bill was read a third time and passed to be a proposed law.
- The Leader of Government Business (Mr Palmer) moved – That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Jingili (Mr Balch) laid on the Table the following Paper –
Debate continued.
Question – put and passed.
And the Assembly adjourned at 19:35 h until 10:00 h, Wednesday 18 October 2000.
The following Papers were deemed to have been presented on Tuesday 17 October 2000 –
Annual Reports:
Anti-Discrimination Commission, 1999/00 (Paper 2135)
Department of the Chief Minister, 1999/00 (Paper 2145)
Department of Sport and Recreation, 1999/00 (Paper 2146)
Juvenile Justice Board of Management, Northern Region, 1999/00 (Paper 2133)
Juvenile Justice Board of Management, Southern Region, 1999/00 (Paper 2134)
Legislative Assembly Members Superannuation Trust, 1999/00 (Paper 2142)
Local Government, 1999/00 (Paper 2144)
Office of Aboriginal Development, 1999/00 (Paper 2143)
Financial Statement:
Menzies School of Health Research, 1999/00 (Paper 2136) ATTENDANCE:
All Members attended the sitting, except Ms Carter, on leave.