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Minutes of Proceedings - 1999-06-03

Eighth Assembly First Session 01/06/1999 Parliamentary Record No. 16
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Date : 03/06/1999
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1. MEETING:
    The Assembly met at 10.00 h. The Speaker, the Honourable T R McCarthy, took the Chair.

2. PRAYERS.

3. DISTINGUISHED VISITORS:
    The Speaker (Mr McCarthy) drew attention to the presence in the gallery of Mr Tinia Mariano MP and Mr Tianoa Teremita MP from Kiribati Parliament; Mr Tofua Puletama and Mr Bill Vakaafi Motufoou from Niue Parliament; the Honourable Sam Avock MP and the Honourable James Bule MP from Vanuatu Parliament; and Ms Brenda Herd, Commonwealth Parliamentary Association Secretariat, as Members of a delegation from the Pacific Islands on a parliamentary study tour under the auspices of the Commonwealth Parliamentary Association Education Trust Fund.
The Speaker further advised Members of the presence in the public gallery of Year 6 and 7 students from Wagaman Primary School, accompanied by their teacher Mr Alan Perrin.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitors.

4. RESPONSE TO PETITIONS:
    The Clerk, pursuant to Standing Order 100A, laid on the Table a response to petition No 7, copies were circulated to Members accordingly (Paper 1296).
    5. NOTICES:
      The following notices were given:
      Mr Burke: To present the Lands and Mining (Miscellaneous Amendments) Bill (No. 2) 1999 (Serial 165).
    6. QUESTIONS:
      10:03 Ms Martin to Mr Burke.
      10:16 Mr Lugg to Mr Burke.
      10:19 Mr Toyne to Mr Burke.
      10:26 Mr Balch to Mr Dunham.
      10:30 Mr Ah Kit to Mr Burke.
      10:33 Ms Martin to Mr Burke.
      10:37 Mr Lugg to Mr Palmer.
      10:42 Mr Bailey to Mr Burke.
      10:45 Mr Hatton to Mr Manzie.

      The Leader of Government Business (Mr Coulter) asked that further questions be placed on the Question Paper and that the broadcast of proceedings be concluded.
    7. CENSURE OF CHIEF MINISTER RE PROGRESS TOWARDS STATEHOOD – MOTION NEGATIVED:
      The Leader of the Opposition (Ms Martin) moved – That, so much of Standing Orders be suspended as would prevent me moving a motion forthwith censuring the Chief Minister for lack of his progress towards Statehood.

      The Leader of Government Business (Mr Coulter) 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 - That, this Assembly censure the Chief Minister for his failure to advance the move to Territory Statehood by:

      (a) failing to respond to the Legal and Constitutional Affairs Committee Report into the Road Ahead for Territory Statehood;

      (b) failing to mention the objective of Statehood in his statement to the Assembly on “Foundations for the Future”;

      (c) failing to commit his Government to achieve a framework agreement with Aboriginal Territorians; and

      (d) treating with derision the objective of the Territory becoming a State. (Paper 1297)

      Debate ensued.
      The Chief Minister (Mr Burke) moved – That the question be now put.
      Question – That the question be now put – put.
      Question - put.
      The Assembly divided (the Speaker, Honourable 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
      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 motion be agreed to - put.
      The Assembly divided (the Speaker, Honourable T .R. McCarthy, in the Chair) -

      AYES, 6 NOES, 17

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

      Motion negatived accordingly.
    8. MINISTERIAL STATEMENT – REFORM OF THE POWER AND WATER AUTHORITY: SIX MONTHS ON – MINISTERIAL STATEMENT - STATEMENT NOTED:
      The Minister for Essential Services (Mr Coulter) made a statement relating to radical changes made in the way essential services delivery to clients in the Northern Territory (Paper 1301).
      Mr Coulter moved – That the Assembly take note of the Statement.
      Debate ensued.
      ____________________

      Suspension of sitting: The sitting was suspended between 12:03h and 14:00h.
      ____________________

      Debate resumed.
      Paper tabled: The Minister for Essential Services (Mr Coulter) laid on the Table the following Paper –
    Graph, Domestic Electricity Comparison 1998/99, based on 1900 kWh per quarter – Australian Capital Cities (Paper 1300).
      Debate continued.
      Question – put and passed.

    9. PRIMARY INDUSTRY DEVELOPMENT OPPORTUNITIES – MINISTERIAL STATEMENT – STATEMENT NOTED:
      The Minister for Primary Industry and Fisheries (Mr Palmer) made a statement relating to the current status of the Primary Industry sector in the Northern Territory (Paper 1302).
      Paper tabled: Mr Palmer laid on the Table the following Paper –
    Brochures, Agribusiness in Australia’s Northern Territory – Growing for the future (Paper 1303).

      Mr Palmer moved – That the Assembly take note of the Statement.
      Debate ensued.
      Question - put and passed.

    10. LEAVE OF ABSENCE:
      The Leader of the Opposition (Ms Martin), by leave, moved – That the Member for Barkly (Mrs Hickey) have leave of absence for this day.
      Question – put and passed.

    11. MATTER OF PUBLIC IMPORTANCE – LAND RIGHTS FOR THE NEXT GENERATION, REEVES REPORT:
      The Speaker advised that the Member for Fannie Bay (Ms Martin) had proposed as a definite matter of public importance this day:
        The need for the Chief Minister to declare where he and the Country Liberal Party stand on the recommendations made in the Report Building On Land Rights for The Next Generation: The Review of the Aboriginal Land Rights (Northern Territory) Act 1976 by John Reeves, QC.
      The proposed discussion having received the necessary support –
      The Speaker called upon Ms Martin to address the Assembly.
      Discussion ensued.
      Discussion concluded.

    12. ELECTRICITY AMENDMENT BILL 1999 (Serial 159):
      The Minister for Resource Development (Mr Manzie), on behalf of and at the request of the Minister for Essential Services (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Electricity Act.
      Bill read a first time.
      Mr Manzie moved – That the Bill be now read a second time.
      On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
    13. POWER AND WATER AUTHORITY AMENDMENT BILL 1999 (Serial 160):
      The Minister for Resource Development (Mr Manzie), on behalf of and at the request of the Minister for Essential Services (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Power and Water Authority Act.
      Bill read a first time.
      Mr Manzie moved – That the Bill be now read a second time.
      On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
    14. DOMESTIC VIOLENCE AMENDMENT BILL 1999 (Serial 158):
      The Attorney-General (Mr Burke), pursuant to notice, presented a Bill for an Act to amend the Domestic Violence Amendment 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.
    15. INTERPRETATION AMENDMENT BILL 1999 (Serial 157):
      The Attorney-General (Mr Burke), pursuant to notice, presented a Bill for an Act to amend the Interpretation 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.
    16. FINANCIAL SECTOR REFORM (NORTHERN TERRITORY) BILL 1999 (Serial 161):
      Suspension of Standing Orders – Pass Bill through all Stages: The Attorney-General (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent the Financial Sector Reform (Northern Territory) Bill 1999 (Serial 161) passing through all stages at these sittings.
      Question – put and passed, after debate – there being an absolute majority of the whole number of Members present and no dissentient voice.
      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.
      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. ANTI-DISCRIMINATION AMENDMENT BILL 1999 (Serial 164):
      Suspension of Standing Orders – Pass Bill through all Stages: The Attorney-General (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent the Anti-Discrimination Amendment Bill 1999 (Serial 164) passing through all stages at these sittings.
      Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
      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.
      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.
    18. SENTENCING AMENDMENT BILL 1999 (Serial 162) and JUVENILE JUSTICE AMENDMENT BILL 1999 (Serial 163):
      Suspension of Standing Orders – Pass Bills through all Stages: The Attorney-General (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent the Sentencing Amendment Bill 1999 (Serial 162) and Juvenile Justice Amendment Bill 1999 (Serial 163) passing through all stages at these sittings.
      Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
      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.
      The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
      In Committee
      (Chairman – Mr Mitchell)

      Sentencing Amendment Bill 1999 (Serial 162)

      Clauses 1 to 15, by leave, taken together and agreed to.
      New clause –
      The Member for Wanguri (Mr Bailey) moved – That the following new clause be inserted in the Bill –

        '15A. Repeal
        'Section 78A of the Principal Act is repealed.'.

      Question - That the amendment be agreed to - put.
      The Assembly divided (the Speaker, Honourable T. R. McCarthy, in the Chair) -

      AYES, 6 NOES, 13

      Mr Ah Kit Mr Adamson
      Mr Bailey Mr Balch
      Ms Martin Mr Baldwin
      Mr Rioli Mrs Braham
      Mr Stirling Mr Burke
      Mr Toyne Mr Dunham
      Mr Elferink
      Dr Lim
      Mr Lugg
      Mr McCarthy
      Mr Mitchell
      Mr Palmer
      Mr Reed

      Amendment negatived accordingly.
      Remainder of the Bill, by leave, was taken as a whole.
      Question – That the remainder of the Bill be agreed to -
      Debate ensued.
      Question – put and passed.
      Bill to be reported without amendment.

      Juvenile Justice Amendment Bill 1999 (Serial 163)

      Clauses 1 to 5, by leave, taken together and agreed to.
      The Member for Wanguri (Mr Bailey) moved – That the following new clause be inserted in the Bill –
        '5A. Repeal
            'Section 53AE of the Principal Act is repealed.'.
      Question - That the new clause be inserted in the Bill - put.
      The Assembly divided (the Speaker, Honourable T. R. McCarthy, in the Chair) -

      AYES, 6 NOES, 13

      Mr Ah Kit Mr Adamson
      Mr Bailey Mr Balch
      Ms Martin Mr Baldwin
      Mr Rioli Mrs Braham
      Mr Stirling Mr Burke
      Mr Toyne Mr Dunham
      Mr Elferink
      Dr Lim
      Mr Lugg
      Mr McCarthy
      Mr Mitchell
      Mr Palmer
      Mr Reed

      And so it was decided in the negative – proposed new clause negatived accordingly.
      Remainder of the Bill, by leave, was taken as a whole and agreed to.
      Bill to be reported without amendment.
      The Assembly resumed; the Speaker resumed the Chair; the Chairman (Mr Mitchell) reported that the Committee had considered the Bills and agreed to the –
    Sentencing Amendment Bill 1999 (Serial 162); and
    Juvenile Justice Amendment Bill 1999 (Serial 163),
      without amendment.
      On the motion of the Attorney-General (Mr Burke) the Bills were read a third time and passed to be proposed laws.

      19. STATUTE LAW REVISION BILL 1999 (Serial 155):
      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.

      In Committee
      (Chairman – Mr Mitchell)

      Clauses 1 to 16, by leave, taken together and agreed to.
      Schedule 1 read.
      On the motion of the Chief Minister (Mr Burke) the following amendment was agreed to -
      Insert after the amendments relating to the Justices Act the following:

      'Juvenile Justice Amendment Act 1999
      Section 9      		Omit

      "(4) This"      		Insert

      "(5) This" '.
      Insert after the amendments relating to the Work Health Act the following:
      'Validation (Native Title) Act

      Schedule 1

      clause 1(c)(i)(A)
      Omit




      "that Schedule"
      Insert




      "this Schedule" '.

      Schedule 1, as amended, agreed to.
      Schedule 2 agreed to.
      Title 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.
      On the motion of the Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.

      20. LEGAL PRACTITIONERS AMENDMENT BILL 1999 (Serial 151):
      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.
      Leave granted for a motion for the third reading of the Bill to be moved forthwith.
      The Attorney-General (Mr Burke) moved – That the Bill be now read a third time.
      Debate ensued.
      Question – put and passed.
      The Bill was read a third time and passed to be a proposed law.

      21. STOCK DISEASES AMENDMENT BILL 1999 (Serial 153):
      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.
      Leave granted for a motion for the third reading of the Bill to be moved forthwith.
      On the motion of the Minister for Primary Industry and Fisheries (Mr Palmer) the Bill was read a third time and passed to be a proposed law.

      22. ADJOURNMENT:
      The Chief Minister (Mr Burke) moved – That the Assembly do now adjourn.
      Debate ensued.
      Question – put and passed.
      And the Assembly adjourned at 21:00h until 10:00h on Tuesday 8 June 1999.
      PAPERS:
      The following Papers were deemed to have been presented on Thursday 3 July 1999 -

      Financial Management Act:
      Direction – Transfer of Excess Allocations between Activities, Various Government Agencies, dated 28 May 1999 (Paper 1298)
      Determination of Amounts of Allocation Transferred on Redistribution of Public Business Amongst Agencies, dated 1 June 1999 (Paper 1299)
      ATTENDANCE:
      All Members attended the sitting except Mrs Hickey, on leave.

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