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Minutes of Proceedings - 2000-02-22

Eighth Assembly First Session 22/02/2000 Parliamentary Record No. 21
__________________________________________________________________________________

Date : 22/02/2000
__________________________________________________________________________________

1. MEETING:
    The Assembly met at 10.00 h, pursuant to resolution of the Assembly, dated Thursday 25 November 1999. The Speaker, the Honourable T R McCarthy, took the Chair.

2. PRAYERS.

3. MESSAGES FROM THE ADMINISTRATOR:
    The Speaker advised Members that he had received the following Messages Nos. 18 and 19 from His Honour the Administrator:
Message No. 18
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:

    8 November 1999:
      New Tax System Price Exploitation Code (Northern Territory) Act 1999 (No. 42 of 1999)

    10 November 1999
      Animal Welfare Act 1999 (No. 44 of 1999)
      Competition Policy Reform (Northern Territory) Amendment Act 1999 (No. 47 of 1999)
      Marine Pollution Act 1999 (No. 43 of 1999)
      Residential Tenancies (Consequential Amendments) Act 1999 (No. 46 of 1999)
      Residential Tenancies Act 1999 (No. 45 of 1999)
      Statute Law Revision Bill (No. 2) 1999 (No. 48 of 1999)

    16 November 1999
      Stamp Duty Amendment Act (No. 2) 1999 (No. 49 of 1999)
      Veterinarians Amendment Act 1999 (No. 50 of 1999)

    Dated 9th day of December 1999.

    N R Conn
    Administrator
    (Paper 1661)
Message No. 19
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:

30 November 1999:
        Northern Territory Employment and Training Authority (Consequential Amendments) Act 1999 (No. 52 of 1999)
        Northern Territory Employment and Training Authority Act 1999 (No. 51 of 1999)
    4 December 1999:
        Kava Management Amendment Act 1999 (No. 53 of 1999)
        Mining Amendment Act 1999 (No. 54 of 1999)
    14 December 1999:
        Administrators Pensions Amendment Act 1999 (No. 60 of 1999)
        AustralAsia Railway (Special Provisions) Act 1999 (No. 65 of 1999)
        Cemeteries Amendment Act 1999 (No. 57 of 1999)
        Legal Aid Amendment Act 1999 (No. 63 of 1999)
        Legislative Assembly Member’s Superannuation Amendment Act (No. 2) 1999 (No. 61 of 1999)
        Nitmiluk (Katherine Gorge) National Park Amendment Act 1999 (No. 64 of 1999)
        Parks and Wildlife Commission Amendment Act 1999 (No. 58 of 1999)
        Planning (Consequential Amendments) Act 1999 (No. 56 of 1999)
        Planning Act 1999 (No. 55 of 1999)
        Sale of Goods Amendment Act 1999 (No. 59 of 1999)
        Supreme Court (Judges Pensions) Act 1999 (No. 62 of 1999)
    17 December 1999:
        Gaming Control Amendment Act 1999 (No. 68 of 1999)
        Gaming Machine Amendment Act 1999 (No. 69 of 1999)
        Kava Management Amendment Act (No. 2) 1999 (No. 66 of 1999)
        Liquor Amendment Act 1999 (No. 70 of 1999)
        Northern Territory Licensing Commission Act 1999 (No. 67 of 1999)
        Private Security Amendment Act 1999 (No. 71 of 1999)
        Racing and Betting Amendment Act 1999 (No. 74 of 1999)
        Racing and Gaming Authority Act Repeal Act 1999 (No. 73 of 1999)
        Work Health Amendment Act 1999 (No. 72 of 1999)
    Dated 22nd day of December 1999.

    N R Conn
    Administrator
    (Paper 1662)
4. DISTINGUISHED VISITORS:
    The Speaker advised Members of the presence in the Speaker’s Gallery of the Honourable N M Dondas a former Member of the House of Representatives for the Northern Territory and former Speaker of this Assembly; and Mrs Nan Giese OBE (MBE) Chancellor of the Northern Territory University.
    On behalf of all Honourable Members Mr Speaker extended a warm welcome to the distinguished visitors.
5. RESIGNATION OF FORMER MEMBER FOR PORT DARWIN:
    The Speaker advised Members that on 21 February 2000 he accepted the resignation of the former Member for Port Darwin the Honourable Shane Stone QC, pursuant to section 18 of the Northern Territory (Self-Government) Act 1978. The Speaker tabled his letter of resignation (Paper 1684).
6. MOTION OF CONDOLENCE – MR HARRY GIESE AM, MBE:
    The Speaker, Mr T R McCarthy, advised Honourable Members of the death, on 4 February of Mr Harry Giese, AM MBE, an Official Member of the Legislative Council for the Northern Territory from October 1954 until April 1973.
    The Chief Minister (Mr Burke), by leave, moved – That the Assembly express its deep regret at the death of Mr Harry Giese AM MBE, a former Official Member of the Legislative Council from 1954 until April 1973 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 1678).
    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.
7. FILMING IN CHAMBER:
    The Speaker informed the Assembly that he had given permission for various media representatives to take file footage of Members, without sound, during Question Time.

8. ADMINISTRATIVE ARRANGEMENTS:
    The Chief Minister (Mr Burke) advised Honourable Members of the following changes to the appointment of Minister of the Northern Territory with effect from 31 January 2000:

    MICHAEL ANTHONY REED
    Appointed - Minister for Public Employment and Industrial Relations.
    Appointment terminated – Minister for Territory Insurance.

    DARYL WILLIAM MANZIE
    Appointed – Ministerial for Correctional Services.
    Appointment terminated – Minister for Public Employment and Industrial Relations.
    .
    PETER FRANCIS ADAMSON
    Appointed – Minister for Arts and Museums.
    Appointments terminated – Minister for School Education and Minister for Tertiary Education and Training.

    CHRISTOPHER DENNIS LUGG
    Appointed – Minister for School Education and Minister for Tertiary Education and Training.
    Appointments terminated – Minister for Correctional Services and Minister for Arts and Museums.
    9. REAPPOINTMENT OF OMBUDSMAN – MOTION AGREED TO:
      The Chief Minister (Mr Burke), by leave, moved – That this assembly, pursuant to Section 4(3) of the Ombudsman (Northern Territory) Act, recommend to His Honour the Administrator that he re-appoint Peter Allen Lyle Boyce to hold the Office of Ombudsman for the Northern Territory for a period of five years, with effect on and from 27 March 2000 (Paper 1679).
      Question- put and passed.
    10. PETITIONS:
      The Member for Brennan (Mr Burke) presented a petition from 125 petitioners supporting the continuance of bilingual programs in Northern Territory schools (Paper 1680).
      Petition read.
      The Member for Fannie Bay (Ms Martin), by leave, presented a petition, not conforming with Standing Orders, from 155 petitioners supporting Aboriginal and Islander Medical Support Services Employees in their grievances against the AMISS Manager (Paper 1681).
      Petition read.
      The Member for Barkly (Mrs Hickey), by leave, presented a petition, not conforming with Standing Orders, from 91 petitioners relating to an application for a community living area at Jingaloo and subsequent transfer of title to the traditional owners (Paper 1683).
      Petition read.
      The Member for Drysdale (Mr Dunham), by leave, presented a petition, not conforming with Standing Orders, from 256 petitioners relating to a 5 year minimum prohibition be implemented on the release, import of and patents on genetically engineered organisms (Paper 1682).
      Petition read.

    11. NOTICES:
      The following notices were given:
      Mr Manzie: To present Prisons (Correctional Services) Amendment Bill 2000 (Serial 215).
      Ms Martin: To present the Mandatory Sentencing Repeal Bill 2000 (Serial 216).

    12. QUESTIONS:
      10:39 Ms Martin to Mr Burke.
      10:42 Mr Mills to Mr Burke.
      10:47 Ms Martin to Mr Burke.
      10:52 Dr Lim to Mr Burke.
      10:58 Mr Stirling to Mr Burke.
      11:00 Mr Mitchell to Mr reed.
      11:03 Ms Martin to Mr Burke.
      11:06 Mr Balch to Mr Reed.
      Member suspended: The Speaker, pursuant to Standing Order 240A, ordered the Member for Nhulunbuy (Mr Stirling) at 11:10 h to withdraw from the Chamber for a period of one hour on account of disorderly conduct.
      Mr Stirling accordingly withdrew.
      11:08 Ms Martin to Mr Burke.
      11:12 Mr Hatton to Mr Reed.

      The Leader of Government Business (Mr Palmer) asked that further questions be placed on the Question Paper and the parliamentary broadcast be discontinued.

    13. CENSURE - CHIEF MINISTER AND GOVERNMENT RE MANDATORY SENTENCING – MOTION NEGATIVED:
      The Leader of the Opposition (Ms Martin) moved – That so much of Standing Orders be suspended as would prevent her moving a motion censuring the Chief Minister and his Government relating to the mandatory sentencing regime of the Northern Territory.
      The Leader of Government Business (Mr Palmer) informed the Assembly that the Government would, pursuant to Standing Order 95, accept the motion as a censure motion.

      The Leader of the Opposition (Ms Martin) thereupon moved – This Assembly censure the Chief Minister and the Country Liberal Party government for:

      1. Failing to –
        (a) implement pro-active crime reduction and prevention strategies;
        (b) implement a regime which does anything tangible for the victims of crime; and
        (c) address the iniquitous and anomalous sentencing outcomes arising from mandatory sentencing;
        (d) acknowledge the enormous costs imposed on the community and the budget through the mandatory sentencing of offenders; and
        (e) produce comprehensive crime statistics to prove mandatory sentencing reduces crime;
        (f) review the policy of mandatory sentencing after almost three years of operation; and
        (g) repeal mandatory sentencing on property crime, notwithstanding it’s failure to produce a safer community, prevent or reduce crime. (Paper 1685)


      Debate ensued.
      The Chief Minister (Mr Burke) 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 Balch Mr Henderson
      Mr Baldwin Mrs Hickey
      Mrs Braham Ms Martin
      Mr Burke Mr Rioli
      Mr Dunham Mr Stirling
      Mr Elferink Mr Toyne
      Mr Hatton
      Dr Lim
      Mr Lugg
      Mr Manzie
      Mr Mitchell
      Mr Mills
      Mr Palmer
      Mr Reed

      And so it was resolved in the affirmative.
      Question - That the motion be agreed to - put.
      The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -

      AYES, 7 NOES, 16

      Mr Ah Kit Mr Adamson
      Mr Henderson Mr Balch
      Mrs Hickey Mr Baldwin
      Ms Martin Mrs Braham
      Mr Rioli Mr Burke
      Mr Stirling Mr Dunham
      Mr Toyne Mr Elferink
      Mr Hatton
      Dr Lim
      Mr Lugg
      Mr McCarthy
      Mr Manzie
      Mr Mitchell
      Mr Mills
      Mr Palmer
      Mr Reed

      Motion negatived accordingly.
      ____________________

      Suspension of sitting: The sitting was suspended between 12:30 h and 14:30 h.
      ____________________

    14. MANDATORY MINIMUM SENTENCING – MOTION AGREED TO:
      The Chief Minister (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent him from moving a motion relating to mandatory sentencing provisions of the Territory.
      Question – put and passed - there being an absolute majority of the whole number of Members being present and no dissentient voice.
      The Chief Minister thereupon moved – That:

      Recognising that the issue of mandatory minimum sentencing was considered by Territorians at the 1994 and 1997 general elections:

      1. This Assembly:
        (a) re-affirm its right to legislate for mandatory minimum sentencing laws in the Northern Territory:
        (b) deplore suggestions that the legislation is unjust;
        (c) condemn those who seek to have the powers of the democratically elected parliament of the Northern Territory nullified in another place; and
        (d) denounce those who, by waging a campaign of half-truths, misconceptions, inaccuracies and deceitfulness, have precipitated such a situation.

      2. The Assembly requests that Mr Speaker convey this motion to the President of the Senate and the Speaker of the House of Representatives of the Commonwealth Parliament (Paper 1692).

      Debate ensued.
      The Leader of the Opposition (Ms Martin) moved the following amendment –
      Omit all words after “That” and insert in their stead –

      “1. This House:
        (a) agree that mandatory minimum sentencing on property crime is unjust and ineffective;
        (b) call on the Country Liberal Party to join with the Labor Party and repeal these pernicious laws immediately; and
        (c) reaffirm the right of the Territory Parliament and Territorians to determine our own laws.
      “2. The Assembly requests that Mr Speaker convey this motion to the President of the Senate and the Speaker of the House of Representatives of the Commonwealth Parliament.”(Paper 1693).

      The Leader of Government Business (Mr Palmer) moved – That the question be now put – put and passed.
      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 Balch
      Mrs Hickey Mr Baldwin
      Ms Martin Mrs Braham
      Mr Rioli Mr Burke
      Mr Stirling Mr Dunham
      Mr Toyne Mr Elferink
      Mr Hatton
      Dr Lim
      Mr Mills
      Mr McCarthy
      Mr Manzie
      Mr Mitchell
      Mr Palmer
      Mr Reed

      Amendment negatived accordingly.
      Debate ensued on the main motion.
      Paper tabled: The Deputy Chief Minister (Mr Reed) laid on the Table the following Paper -
    Press release, Annan says mandatory sentencing is a domestic issue, dated 22 February 2000, AAP Newscast (Paper 1694).

      Debate continued.
      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 Bailey
      Mr Baldwin Mrs Hickey
      Mrs Braham Ms Martin
      Mr Burke Mr Rioli
      Mr Dunham Mr Stirling
      Mr Elferink Mr Toyne
      Mr Hatton
      Mr Lugg
      Mr McCarthy
      Mr Mills
      Mr Mitchell
      Mr Palmer
      Mr Reed

      And so it was resolved in the affirmative.
    15. DARWIN HARBOUR, BENEFICIAL USES – MINISTERIAL STATEMENT – STATEMENT NOTED:
      The Minister for Lands Planning and Environment (Mr Baldwin) made a statement relating to the processes put in place to protect natural values of Darwin Harbour (Paper 1695).
      Mr Baldwin moved – That the Assembly take note of the Statement.
      Debate ensued.
      Papers tabled: The Member for Millner (Mr Mitchell), by leave, laid on the Table the following Papers -
    Wet Season Communication Program by Power and Water Authority – Overflow Relief Gullies
    (Paper 1696); and
    Media Release, Ludmilla Primary School and NT Waterwatch web page (Paper 1697).

      Debate continued.
      Question – put and passed.
    16. CRIMINAL CODE AMENDMENT BILL 1999 (Serial 202):
      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 resumed.
      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 Leader of Government Business (Mr Palmer) moved – That the Assembly do now adjourn.
      Debate ensued.
      Question –put and passed.
      And the Assembly adjourned at 19:55 h until 10:00 h on Wednesday 23 February 2000.
      PAPERS:
      The following Papers were deemed to have been presented on Tuesday 22 February 2000 –

      Annual Reports:
      Batchelor College, 1998 (Paper 1686)
      The Surveyors Board of the Northern Territory, 1998/99 (Paper 1691)

      Police Administration Act
      Consent Agreement,dated 9 December 1999 (Paper 1689)
      Determination No. 1 of 2000, Police Determination 1 of 2000, dated 7 February 2000 (Paper 1690)

      Prisons (Arbitral Tribunal) Act:
      Consent Agreement, Alice Springs Correctional Centre 12 Hour Shift Agreement 1999, dated 3 January 2000 (Paper 1687)
      Determination T1 of 1999, Senior Prison Officers Arbitral Determination No. 4, dated 10 December 1999 (Paper 1688)

      Regulations 1999:
      No. 36, Amendment of Fisheries Regulations (Paper 1663)
      No. 37, Traffic Regulations (Paper 1664)
      No. 38, Amendment of Police Administration (Fees) Regulations (Paper 1665)
      No. 39, Amendments of Mining Regulations (Paper 1666)
      No. 40, Amendments of Community Welfare Regulations (Paper 1667)
      No. 41, Juvenile Justice (Juveniles' Infringement Notice Enforcement Scheme) Regulations (Paper 1668)

      Regulations 2000:
      No. 1, Amendments of Darwin City Council By-Laws (Paper 1669)
      No. 2, Amendments of Darwin City Council By-Laws (Paper 1670)
      No. 3, Amendment of Fisheries Regulations (Paper 1671)
      No. 4, Amendment of Fuel Subsidies Regulations (Paper 1672)
      No. 5, Juvenile Justice (Detention Centres) Regulations (Paper 1673)
      No. 6, Amendment of Kava Management Regulations (Paper 1674)
      No. 7, Amendments of Local Government (Electoral) Regulations (Paper 1675)
    No. 8, Amendment of Katherine Town Council By-Laws (Paper 1676)
      No. 9, Amendment of Nhulunbuy (Animal Control) By-Laws (Paper 1677)
      ATTENDANCE:
      All Members attended the sitting.
    Last updated: 04 Aug 2016
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