Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1999-02-18

Eighth Assembly First Session 16/02/1999 Parliamentary Record No. 14
__________________________________________________________________________________

Date : 18/02/1999
__________________________________________________________________________________

1. MEETING:
    The Assembly met at 10.00 h. The Speaker, the Honourable T R McCarthy, took the Chair.

2. PRAYERS.

3. VISITOR:
The Speaker (Mr McCarthy) drew attention to the presence in the gallery of Year 8 students from Batchelor Area School accompanied by their teacher Ms Ros McMillan.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

4. PETITION:
    The Member for Stuart (Mr Toyne) presented a petition from 770 petitioners requesting that the Assembly repeal the pieces of legislation which result in the unfair imprisonment of people under the age of 18 (Paper 947).
    Petition read.

5. NOTICES:
    The following notices were given:
    Mr Burke: To present the Real Property Amendment Bill 1999 (Serial 142).
    Mr Burke: To present the Unit Titles Amendment Bill 1999 (Serial 143).
    Mr Burke: To present the Real Property (Unit Titles) Amendment Bill 1999 (Serial 144).
    Mr Burke: To present the Misuse of Drugs Amendment Bill 1999 (Serial 145).
6. QUESTIONS:
    10:05 Ms Martin to Mr Burke and referred to Mr Coulter.
    10:09 Mr Lugg to Mr Burke.
    10:16 Mr Stirling to Mr Coulter.
    10:17 Mr Hatton to Mr Adamson.
    10:21 Mr Stirling to Mr Coulter.
    10:23 Mr Elferink to Mr Reed.
    10:25 Mr Stirling to Mr Coulter.
    10:27 Mr Lugg to Mrs Braham.
    10:33 Ms Martin to Mr Baldwin.
    Papers tabled: The Member for Fannie Bay (Ms Martin), by leave, laid on the Table the following Papers -
Letter, Mr Serry Alberty, Director, Building Advisory Services Branch, dated 15 October 1998 (Paper 948);
Letter, Mr Serry Alberty, Building Permits, dated 20 October 1998 (Paper 949);
Letter, Mr Simon Woolley, Ward Keller Lawyers – complaints against building practitioner, dated 18 January 1998 (Paper 950); and
N T Power Pty Ltd, extract of Notes to and forming part of the Financial Statements for period ending 30 June 1993 (Paper 951).

    10:37 Mr Mitchell to Mr Reed.
    Papers tabled: The Minister for Tourism (Mr Reed) laid on the Table the following Papers –
Territory Discoveries Central Australia, valid 1/4/99 to 31/3/2000 (Paper 956);
Territory Discoveries Top End, valid 1/4/99 to 31/3/2000 (Paper 957); and
Australia’s Northern Territory Holiday Planner (Paper 958).

    10:42 Mr Toyne to Mr Adamson.
    10:46 Mr Hatton to Mr Manzie.
    10:49 Mr Stirling to Mr Baldwin.
    10:50 Mr Mitchell to Mr Coulter.
    10:52 Ms Martin to Mr Dunham.
    Supplementary question: Ms Martin to Mr Dunham.
    10:56 Mr Lugg to Mr Manzie.

    The Leader of Government Business (Mr Coulter) asked that further questions be placed on the Question Paper.
    Answer to Question: The Member for Blain (Mr Coulter) provided additional information in answer to a question asked earlier this day by Mr Stirling.
    Paper tabled: Mr Coulter laid on the Table the following Paper -
Public Accounts Committee Report of 1984, extract relating to Contingent Liabilities, pages 43 to 51, E A Nosworthy, dated 5 march 1984 (Paper 952).
    7. WARRANT FOR DEPUTY CHAIRMEN – PAPER TABLED:
      The Speaker laid on the Table his Warrant nominating those Members to act as Deputy Chairmen of Committees as follows:
    W A R R A N T
        Pursuant to the provisions of Standing Order 12, I hereby revoke all previous warrants nominating Members to act as Deputy Chairmen of Committees and nominate Mr J L Ah Kit, Mr S J Balch, Mr J W Elferink, Mrs M A Hickey, Mr C D Lugg, Mr E H Poole and Mr M J Rioli to act as Deputy Chairmen of Committees when requested so to do by the Chairman of Committees.

        Given under my hand this 18th day of February nineteen hundred and ninety nine.

        T R McCarthy
        Speaker
        (Paper 955)
      8. AUDITOR-GENERAL OF THE NORTHERN TERRITORY, FEBRUARY 1999, REPORT TO THE LEGISLATIVE ASSEMBLY – PAPER TABLED – PAPER PRINTED – MOTION TO NOTE REPORT:
        The Speaker (Mr McCarthy) laid on the Table the Auditor-General’s February 1999 Report to the Legislative Assembly (Paper 953).
        The Chief Minister (Mr Burke) moved – That the Paper be printed.
        Question – put and passed.
        Mr Burke moved – That the Assembly take note of the Paper.
        Ordered – That debate be adjourned and Mr Burke have leave to continue his remarks at later hour.
      9. AUSTRALASIA RAILWAY CORPORATION, ANNUAL REPORT, PERIOD ENDING 30 JUNE 1998 – PAPER TABLED – REPORT NOTED:
        The Minister for the AustralAsia Railway (Mr Coulter), laid on the Table the Annual Report of the AustralAsia Railway Corporation for the period ending 30 June 1998 (Paper 954).
        Mr Coulter moved – That the Assembly take note of the Report.
        Debate ensued.
        Question- put and passed.
        ____________________

        Suspension of sitting: The sitting was suspended between 11:55 and 14:00.
        ____________________
      10. MINISTERIAL STATEMENT – MINERALS INDUSTRY’S OCCUPATIONAL HEALTH AND SAFETY/ENVIRONMENTAL MANAGEMENT – STATEMENT NOTED:
        The Minister for Resource Development (Mr Manzie) made a statement relating to the record of the Minerals Industry’s record in occupational health and safety and environmental management (Paper 959).
        Mr Manzie moved- That the Assembly take note of the Statement.
        Debate ensued.
        Paper tabled: Mr Manzie laid on the Table the following Paper –
      Northern Territory Mining Accident and Injury Summary 1997/98 (Paper 960).

        Debate continued.
        Question – put and passed.
      11. SELECT COMMITTEE ON TERRITORY FOOD PRICES – TERMS OF REFERENCE - MOTION APPOINTING COMMITTEE, AGREED TO:
        The Chief Minister (Mr Burke), pursuant to notice, moved - That –

        (1) a committee, to be known as the Select Committee on Territory Food Prices, be appointed to inquire into and report on:
            (a) whether or not the prices of food, groceries and household items across the Territory are substantially different to those in comparable locations elsewhere in Australia; and
            (b) if so, identify the reasons for the variations in prices;

        (2) unless otherwise ordered, membership will comprise Mr Balch; Dr Lim; Mr Mitchell; Mr Stirling and Mr Ah Kit;

        (3) the committee or subcommittee shall have power to send for and examine persons, papers and records, to sit in public or in private session, notwithstanding any adjournment of the Assembly, and to adjourn from place to place;

        (4) the quorum of the committee shall be three;

        (5) unless otherwise ordered the committee shall report to the Assembly on or before 19 August 1999;

        (6) the committee have power to appoint subcommittees and to refer to any such subcommittee any matter which the committee is empowered to examine;

        (7) two members of a subcommittee constitute a quorum of a subcommittee;

        (8) the committee or a subcommittee be empowered to publish from day to day such papers and evidence as may be ordered by it and, unless otherwise ordered by the committee, a daily Hansard be published of such proceedings as take place in public;

        (9) the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the Speaker;

        (10) the foregoing provisions of this resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained in the Standing Orders.

        (11) if the Assembly is not sitting when the select committee has prepared its report for presentation, the committee may provide the report to the Speaker, and, in that event -
            (a) the report of the Select Committee on Territory Food Prices shall be deemed to have been presented to the Assembly;
            (b) the publication of the report is authorised by this resolution; and
            (c) the Speaker, Deputy Speaker, as the case may be, may give directions for the printing and circulation of the report; and
            the Speaker shall lay the report upon the Table at the next sitting of the Assembly.
        Debate ensued.
        Papers tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Papers –
      Impact of the Government’s Plan for a New Tax System on Rural and Remote Indigenous Communities, Report prepared for ATSIC by the Allen consulting Group, January 1999 (Paper 965); and
      Survey of Northern Territory Remote Community Stores 1998, Food and Nutrition Unit, Territory Health Services (Paper 964).

        Debate continued.
        Question – put and passed.
        Motion agreed to.
      12.BAIL AMENDMENT BILL 1999 (Serial 139):
        The Attorney-General (Mr Burke), pursuant to notice, presented a Bill for an Act to amend the Bail 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 Wanguri (Mr Bailey) debate was adjourned.
      13. MUSEUMS AND ART GALLERIES BILL 1999 (Serial 140):
        The Minister for Arts and Museums (Mr Adamson), pursuant to notice, presented a Bill for an Act relating to the management of museums and art galleries and for related purposes.
        Bill read a first time.
        Mr Adamson moved – That the Bill be now read a second time.
        On the motion of the Member for (Ms Martin) debate was adjourned.
      14. LANDS AND MINING (MISCELLANEOUS AMENDMENTS) BILL 1999 (Serial 141):
        Suspension of Standing Orders – Pass all stages: The Chief Minister (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent the Lands and Mining (Miscellaneous Amendments) Bill 1999 (Serial 141) passing through all stages at these sittings.
        Question put and passed – there being and absolute majority of the whole number of Members present and no dissentient voice.
        The Order of the Day having been read for resumption of the 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 Chief Minister (Mr Burke) the Bill was read a third time and passed to be a proposed law.
      15. CRIMINAL CODE AMENDMENT BILL (No. 4) 1998 (Serial 123) and JUSTICES AMENDMENT BILL (No. 2) 1998 (Serial 127):
        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.
        Leave granted for a motion for the third reading of the Bills to be moved forthwith.
        The Attorney-General (Mr Burke) moved - That the Bills to be now read a third time.
        Debate ensued.
        Question –put and passed.
        The Bills were read a third time and passed to be proposed laws.
      16. LEGISLATIVE ASSEMBLY MEMBERS’ SUPERANNUATION AMENDMENT BILL (No. 2) 1998(Serial 137):
        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.
        Question – put and passed.
        Bill read a second time.
        The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
      ____________________

      In Committee
      (Chairman - Mr Mitchell)

        Bill, by leave, taken as a whole.
        The Chief Minister (Mr Burke) moved the following amendment -
        Insert after clause 3 the following:

          '4. Transitional
          'The amendments to section 19 of the Legislative Assembly Members' Superannuation Act made by section 2 of this Act do not apply to a former member who ceased to be a member before the commencement of this Act.'.
        Bill, as amended, agreed to.
        Bill to be reported with amendments.
      __________________

        The Assembly resumed.
        The Speaker resumed the Chair; the Chairman (Mr Mitchell) reported that the Committee had considered the Bill and agreed to the same with amendments.
        The Chief Minister (Mr Burke) moved – That be now read a third time.
        Debate ensued.
        Question - That the motion be agreed to - put.
        The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -

        AYES, 16 NOES, 6

        Mr Adamson Mr Ah Kit
        Mr Balch Mr Bailey
        Mr Baldwin Ms Martin
        Mrs Braham Mr Rioli
        Mr Burke Mr Stirling
        Mr Coulter Mr Toyne
        Mr Dunham
        Mr Elferink
        Mr Hatton
        Mr Lugg
        Mr McCarthy
        Mr Manzie
        Mr Mitchell
        Mr Palmer
        Mr Poole
        Mr Reed

        And so it was resolved in the affirmative.
        Motion agreed to accordingly.
        Bill was read a third time and passed to be a proposed law.
      17. ADJOURNMENT:
        The Leader of Government Business (Mr Burke) moved – That the Assembly do now adjourn.
        Debate ensued.
        Papers Tabled: The Member for Stuart (Mr Toyne), by leave, laid on the Table the following Papers –
      Documentation re Mr Vincent Collins, Howard Springs Forestry Reserve; Blue Cypress Holdings Pty Ltd and others – Documents numbered VC 1 to VC 71 (Paper 967).

        Debate continued.
        Question –put and passed.
        And the Assembly adjourned at 18:30 h until 10:00 h on Tuesday 23 February 1999.
        ____________________
        PAPERS:
        The following Papers were deemed to have been presented on Thursday 18 February 1999 -

        Annual Reports:
        Jabiru Town Council, Towards 2000, 1997/98 (Paper 963)
        Jabiru Town Development Authority, 1997/98 (Paper 962)
        ____________________
        ATTENDANCE:
        All Members attended the sitting except Mrs Hickey, on leave.

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