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Minutes of Proceedings - 2000-06-13

Eighth Assembly First Session 13/06/2000 Parliamentary Record No. 23
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Date : 13/06/2000
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1. MEETING:
The Assembly met at 10.00 h, pursuant to resolution of the Assembly, dated Thursday 18 May 2000. The Speaker, the Honourable T R McCarthy, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR:
The Speaker advised Members that he had received the following Message No. 23 from His Honour the Administrator.
Message No. 23
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 law:
      14 March 2000
          Commercial Passenger (Road) Transport Amendment Act 2000 (No. 5 of 2000)
          Criminal Code Amendment Act 2000 (No. 3 of 2000)
          Land Title Act 2000 (No. 2 of 2000)
          Law of Property Act 2000 (No. 1 of 2000)
          Local Government Amendment Act 2000 (No. 4 of 2000)
      21 March 2000
          Electricity Networks (Third Party Access) Act 2000 (No. 11 of 2000)
          Electricity Reform Act 2000 (No. 10 of 2000)
          Justices Amendment Act 2000 (No. 7 of 2000)
          Juvenile Justice Amendment Act 2000 (No. 6 of 2000)
          Power and Water Authority Amendment Act 2000 (No. 8 of 2000)
          Utilities Commission Act 2000 (No. 9 of 2000)
      Dated 24th day of May 2000.

      N R Conn
      Administrator
      (Paper 1860)
4. CONDOLENCE MOTION – MR BILL McLAREN AM:
The Speaker, Honourable T R McCarthy, advised Honourable Members of the death, on 9 May 2000 of William James (Bill) McLaren, AM a former Commissioner of the Northern Territory Police from 1967 to October 1978.
      The Chief Minister (Mr Burke), by leave, moved - That this Assembly express its deep regret at the death of William (Bill) James McLaren, AM Commissioner of the Northern Territory Police from 1967 to October 1978 and place on record its appreciation of his long and distinguished service to the people of the Northern Territory and tender its profound sympathy to his family (Paper 1861).
      The Chief Minister (Mr Burke) addressed the Assembly.
      Debate ensued.
      Question – put and passed.
      Motion agreed to.

      As a mark of respect Members stood in their places for one minute, in silence.

5. CORROBOREE 2000, RECONCILIATION PAPERS – PAPERS TABLED AND STATEMENT NOTED:
      The Chief Minister (Mr Burke) laid on the Table the following Papers –
Australian Declaration toward Reconciliation (Paper 1863); and
Roadmap for Reconciliation (Paper 1864).

      The Chief Minister (Mr Burke), by leave, made a statement relating thereto.
      Mr Burke moved – That the Assembly take note of the Papers and Statement.
      Question – put and passed.
6. RESPONSE TO PETITIONS:
The Clerk in accordance with Standing Order 100A tabled a response to petition No. 41 re establishment of a school to reduce children’s travel time from Three Bore, Camel Camp and Homestead (Paper 1865).
    7. NOTICES:
        Mr Burke: To present the Land Title (Consequential Amendments) Bill 2000 (Serial 248).
        Mr Burke: To present the Law of Property (Consequential Amendments) Bill 2000 (Serial 249).
        Mr Burke: To present the Crown Lands Amendment Bill 2000 (Serial 250).
        Ms Martin: To move - That -
                The Northern Territory Parliament acknowledge –

                (a) the imposition of the GST on the Northern Territory’s existing high price structure will result in Territorians being the highest-taxed residents in Australia; and

                (b) the Chief Minister shouldurgently meet with the Commonwealth Treasurer to ensure an increase in the income tax zone rebates to assist in offsetting the differential impact on prices arising from the GST faced by Territorians compared to most other Australians.
        Ms Martin: To move –

                That, in a spirit of reconciliation the Northern Territory Parliament -
                    (a) acknowledge and acclaim the achievements of Aboriginal Territorians particularly in the areas of arts, politics, sport, culture and business;

                    (b) acknowledge these achievements are the result of personal and collective triumph of indigenous Territorians over significant adversity and disadvantage; and

                    (c) condemn the Territory Government for failing to deliver services to Aboriginal Territorians in the key areas of education, health and housing – thereby failing to support reconciliation at the most fundamental and practical level.
    8. QUESTIONS:
        10:28 Ms Martin to Mr Manzie.
        10:42 Mr Mills to Mr Burke.
        10:52 Ms Martin to Mr Burke.
        10:56 Mr Elferink to Mr Reed.
        11:03 Mr Stirling to Mr Dunham.
        11:08 Mr Hatton to Mr Reed.
        11:14 Mr Stirling to Mr Dunham.
        11:17 Mr Balch to Mr Dunham.
        11:20 Ms Martin to Mr Burke.
        11:23 Mr Mitchell to Mr Dunham.
                The Leader of Government Business (Mr Palmer) asked that further questions be placed on the Question Paper.
    9. SUSPENSION OF STANDING ORDERS - PASS BILLS THROUGH ALL STAGES:
        The Leader of Government Business (Mr Palmer) moved – That so much of Standing Orders be suspended as would prevent the following Bills passing through all stages at this sittings –
    Miscellaneous (Interpretation Act and Penalties Act) Amendment Bill 2000 (Serial 237);
    Mining Amendment Bill 2000 (Serial 243);
    Petroleum Amendment Bill 2000 (Serial 244);
    Legal Practitioners Amendment Bill 2000 (Serial 242);
    Work Health Amendment Bill 2000 (Serial 236);
    Health Practitioners and Allied Professionals Registration Amendment Bill 2000 (Serial 227);
    Financial Relations Agreement (Consequential Provisions) Bill (Serial 228);
    First Home Owner Grant Bill 2000 (Serial 229);
    Pay-roll Tax Amendment Bill 2000 (Serial 235);
    Stamp Duty Amendment Bill 2000 (Serial 240);
    Taxation (Administration) Amendment Bill 2000 (Serial 241);
    AustralAsia Railway (Special Provisions) Amendment Bill 2000 (Serial 238); and
    AustralAsia Railway Corporation Amendment Bill 2000 (Serial 239).

        Question – put and passed.
    10. LEAVE OF ABSENCE:
    The Leader of the Opposition (Ms Martin) moved – That leave of absence be granted to the Member for Arafura (Mr Rioli) for this sittings 13 June 2000 to 22 June 2000, on account of ill health.
        Question- put and passed.
    11. DEPARTMENT OF LOCAL GOVERNMENT, PERFORMANCE ANNUAL REPORT 1998/99 – PAPER NOTED:
        The Minister for Local Government (Mrs Braham) laid on the Table the Annual Report of the Department of Local Government 1998/99 – Performance (Paper 1866).
        Mrs Braham, by leave, made a statement relating thereto.
        Mrs Braham moved – That the Assembly take note of the Paper and Statement.
        Debate ensued.
        Question – put and passed.

    12. HORTICULTURE DEVELOPMENTS IN THE KATHERINE REGION – MINISTERIAL STATEMENT – STATEMENT NOTED:
    The Minister for Primary Industry and Fisheries (Mr Palmer) made a statement relating to agriculture and horticultural industry developments in Katherine region (Paper 1867).
        Mr Palmer moved – That the Assembly take note of the Statement.
        Debate ensued.
    ____________________
        Suspension of sitting: The sitting was suspended between 12:05 h and 14:15 h.
    ____________________
        Debate resumed.
        Question – put and passed.

    13. MISCELLANEOUS (INTERPRETATION ACT AND PENALTIES ACT) AMENDMENT BILL 2000 (Serial 237):
    The Order of the Day having been read for the resumption of 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 Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.
    14. MINING AMENDMENT BILL 2000 (Serial 243) andPETROLEUM AMENDMENT BILL 2000 (Serial 244):
    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 ensued.
        Question – put and passed.
        Bills read a second time.
        The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
    In Committee
    (Chairman – Mr Mitchell)

        Mining Amendment Bill 2000 (Serial 243):
        Clause 1 agreed to.
        New clause –
        On the motion of Mr Manzie the following new clause 1A was inserted –
          '1A. Commencement

            'Part 5 is to be taken to have come into operation on 4 December 1999 immediately after section 6 of the Statute Law Revision Act 2000 commenced.'.

        Clauses 2 to 7, by leave, taken together and agreed to.
        Clause 8 read.
        On the motion of Mr Manzie the following amendment was agreed to –
          Omit from proposed subregulation (8) 'an objection or comment' and substitute 'an objection or comment ('the previous objection or comment')'.

        On the motion of Mr Manzie the following further amendment was agreed to –
          Add at the end of proposed subregulation (8) 'if the further objection or comment is different in substance from the previous objection or comment'.

        Clause 8, as amended, agreed to.
        On the motion of Mr Manzie the following new Part 5 was added at the end to the Bill –

        'part 5 – mining amendment act 1999
          '9. Transitional provision: applications for prescribed mining acts that are not future acts or are pre-existing right-based acts
              'Section 15 of the Mining Amendment Act 1999 as amended and in force immediately before the commencement of this section is amended by omitting subsection (1) and substituting the following:

              ' "(1) This section applies in relation to applications for prescribed mining acts –

              (a) that are not future acts and were pending immediately before 4 December 1999; or
              (b) that are pre-existing right-based acts within the meaning of section 24IB of the Native Title Act.".'.


        Title agreed to.
        Bill to be reported with amendments.
        Petroleum Amendment Bill 2000 (Serial 244):
        Clause 1 agreed to.
        Clause 2 read.
        On the motion of Mr Manzie the following amendment was agreed to –

          Omit 'Section 8(1)' and substitute 'Section 8'.
        Clauses 3 to 7, by leave, taken together and agreed to.
        Clause 8 read.
        On the motion of Mr Manzie the following amendment was agreed to –

          Omit subclause (1).
        On the motion of Mr Manzie the following further amendment was agreed to –

          Omit from subclause (2) 'subsection' and substitute 'section'.
        On the motion of Mr Manzie the following further amendment was agreed to -

          Omit from proposed subregulation (7) 'an objection' and substitute 'an objection ('the previous objection')'.
        On the motion of Mr Manzie the following further amendment was agreed to –
          Add at the end of proposed subregulation (7) 'if the further objection is different in substance from the previous objection'.

        On the motion of Mr Manzie the following further amendment was agreed to -

          Omit proposed subregulation (9) and substitute the following:
            ' "(9) In this regulation –
                'future act' does not include a pre-existing right-based act within the meaning of section 24IB of the Native Title Act;

                'Petroleum Act' means the Petroleum Act as amended and in force from time to time.".'.

            Clause 8, as amended, agreed to.
            Title agreed to.
            Bill to be reported with amendments.
            The Assembly resumed; the Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Mitchell) reported that the Committee had considered the Bills and agreed to the –
        Mining Amendment Bill 2000 (Serial 243), with amendments; and
        Petroleum Amendment Bill 2000 (Serial 244), with amendments.
            On the motion of the Minister for Resource Development (Mr Manzie) the Bills were read a third time and passed to be proposed laws.

        15. ALTERATION TO ORDER OF BUSINESS:
        The Leader of Government Business (Mr Palmer) moved - That intervening business be postponed until after consideration of Government Business, Orders of the Day No. 5 relating to the second reading of the International Transfer of Prisoners (Northern Territory) Bill 2000 (Serial 232).
            Question – put and passed.

        16. INTERNATIONAL TRANSFER OF PRISONERS (NORTHERN TERRITORY) BILL 2000 (Serial 232):
            The Order of the Day having been read for the resumption of 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 Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.

        17. ADJOURNMENT:
            The Chief Minister (Mr Burke) moved – The Assembly do now adjourn.
            Debate ensued.
            Paper tabled: The member for Stuart (Mr Toyne), by leave, laid on the Table the following Paper –
        Letter, Mr David Coles to Mr Lindsay Turner, Chairman Nyirripi Community (Paper 1871).

            Debate continued.
            Question – put and passed.
            And the Assembly adjourned at 16:51 h until 10:00 h on Wednesday 14 June 2000.
            PAPERS:
            The following Papers were deemed to have been presented on Tuesday 13 June 2000 –
            Annual Report:
            Road Safety Council of the Northern Territory, 1998/99 (Paper 1859)

            Lands Acquisition Act:
            Statement of reasons for Acquisition, pursuant to section 44(3A) Re: AustralAsia Railway Project re easement over Section 4047 Strangways, Section 4048 Hundred of Strangways (Paper 1862)

            Police Administration Act:
            Consent Agreement, Superintendent Salaries, pursuant to section 51, dated 22 May 2000 (Paper 1868)

            Regulations 2000:
            No. 25, Amendment of Consumer Affairs and Fair Trading (Pawnbrokers and Second-Hand Dealers) Regulations (Paper 1869)
            No. 26, Legislative Assembly (Powers and Privileges) Regulations (Paper 1870)
            ATTENDANCE:
            All Members attended the sitting, except Mr Rioli on leave.
        Last updated: 04 Aug 2016
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