Minutes of Proceedings - 1993-08-18
Sixth Assembly First Session 17/08/1993 Parliamentary Record No. 18
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Date : 18/08/1993__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. ADMINISTRATIVE ARRANGEMENTS - MINISTRY - STATEMENT:
The Chief Minister (Mr Perron) informed the Assembly that His Honour the Administrator had appointed the Hon. Daryl
William Manzie, MLA as Minister for Transport and Works: with responsibility for the Power and Water Authority; and
the Darwin Port Authority with effect from 18 August 1993.
This is in addition to his ministerial responsibilities as Attorney-General, Minister for Conservation and Minister for
Work Health and Territory Insurance.
4. NOTICE:
The following notice was given:
Mr Perron: To present the Police Administration Amendment Bill (No. 2) 1993 (Serial 226).
5. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
Letter, Ms L. Gerdes to Hon. M.A. Reed, MLA, Minister for Health and Community Services, dated 31 May 1993.
Further questions were asked of Ministers.
Supplementary answers: The Treasurer (Mr Coulter) gave a supplementary answer to a question asked by the Leader of
the Opposition (Mr Ede) during Question Time this day.
The Minister for Lands, Housing and Local Government (Mr Hatton) gave a supplementary answer to a question asked
by the Member for Nelson (Mrs Padgham-Purich) during Question Time on Tuesday 17 August 1993.
The Minister for Education (Mr Finch) gave a supplementary answer to a question asked by the Member for Jingili
(Mr Setter) during Question Time on Tuesday 17 August 1993.
6. MARNGARR, BARUNGA MANYALLALUK AND WUGULARR COMMUNITY GOVERNMENT SCHEMES - PAPERS TABLED - PAPERS NOTED:
The Minister for Lands, Housing and Local Government (Mr Hatton) laid on the Table the following Papers -
Marngarr Community Government Scheme;
Barunga Manyallaluk Community Government Scheme; and
Wugularr Community Government Scheme.
Mr Hatton made a statement relating thereto.
Mr Hatton moved - That the Assembly take note of the Papers.
Debate ensued.
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Question - put and passed.
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Suspension of sitting: The sitting was suspended between 12.08 p.m. and 2.00 p.m.
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7. WORK HEALTH AUTHORITY - FUTURE DIRECTIONS - PAPER TABLED - PAPER NOTED:
The Minister for Work Health and Territory Insurance (Mr Manzie) laid on the Table the second Corporate Plan of
the Work Health Authority.
Mr Manzie made a statement relating thereto.
Mr Manzie moved - That the Assembly take note of the Paper.
Debate ensued.
Question - put and passed.
8. BAIL AMENDMENT BILL 1993 (Serial 254):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Bail 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 Macdonnell (Mr Bell) debate was adjourned.
9. INTERPRETATION AMENDMENT BILL 1993 (Serial 259):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Interpretation 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 Macdonnell (Mr Bell) debate was adjourned.
10. WORK HEALTH AMENDMENT BILL 1993 (Serial 267):
The Minister for Work Health and Territory Insurance (Mr Manzie), pursuant to notice, presented a Bill for an Act
to amend the Work Health Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
Paper tabled: Mr Manzie laid on the Table the following Paper -
Work Health, Dispute Resolution Review Committee Report.
On the motion of the Member for Millner (Mr Parish) debate was adjourned.
11. GAMING CONTROL BILL 1993 (Serial 242):
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 resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
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In the Committee
(Chairman - Mr McCarthy)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
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On the motion of the Treasurer (Mr Coulter) the following amendment was agreed to -
Insert after subclause (3)(a) the following:
"(aa) to inquire into the suitability of a person to whom an interest (whether beneficial
or otherwise) in a casino licence is proposed to be transferred or assigned;".
On the motion of Mr Coulter the following further amendment was agreed to -
Insert after subclause (3) the following:
"(3A) The Director, when performing the functions conferred by subsection (3)(d), shall have regard to
the matters specified in section 17(4) as if that subsection, with the necessary changes, applied to
the Director.".
Clause 4, as amended, agreed to.
Clauses 5 to 15, by leave, taken together and agreed to.
Clause 16 agreed to, after debate.
The Leader of the Opposition (Mr Ede) moved - That the following proposed new clause be inserted in the Bill -
"16. TENDER FOR CASINO LICENCE
"(1)Where it is proposed to grant a casino licence, the Director shall call for tenders for the licence by
public advertisement and notice in the Gazette.
"(2)A tender lodged under this section shall be -
(a) in the form required by the Director;
(b) accompanied by the prescribed fee, if any; and
(c) accompanied by such information as the Director may request.
"(3)If a tender lodged under this section does not comply with a requirement of this section, the
Director may refuse to consider the application.
"(4)If a tender lodged under this section is refused under subsection (3) or withdrawn by the tenderer, the
Director, at his or her discretion, may refund the whole or part of the fee referred to in
subsection (2)(b).".
Proposed new clause negatived, after debate.
Clause 17 read.
On the motion of Mr Ede the following amendments were taken together, by leave -
Omit clause 17(1);
Omit from clause 17(2) and (4) "Minister"
(wherever occurring) and insert in its stead "Director";
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Omit from clause 17(5) "Minister" (second occurring) and insert in its stead "Director";
Omit from clause 18 "Minister" (wherever occurring) and insert in its stead "Director";
Omit from clause 20(1), (2) and (3) "Minister" (wherever occurring) and insert in its stead
"Director";
Omit from clause 20(2)(d) "Minister or the";
Omit from clause 22 "Minister" (wherever occurring) and insert in its stead "Director";
Omit from clause 23 "Minister" and insert in its stead "Director";
Omit from clause 24 "Minister" and insert in its stead "Territory";
Omit from clause 25 "Minister" and insert in its stead "Territory"; and
Omit from clause 26(1) "Minister" and insert in its stead "Director".
Amendments negatived, after debate.
Clause 17 agreed to.
Clauses 18 and 19, by leave, taken together and agreed to.
Clause 20 read.
On the motion of Mr Coulter the following amendment was agreed to -
Insert at the end of subclause (2)(b) "or the agreement".
Clause 20, as amended, agreed to.
Clause 21 agreed to.
Clause 22 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit from subclause (1) "casino licence" and insert in its stead "casino licence or an interest (whether
beneficial or otherwise) in a casino licence".
On the motion of Mr Coulter the following further amendment was agreed to -
Omit from subclause (2) "casino licence" and insert in its stead "casino licence or an interest in a
casino licence".
Clause 22, as amended, agreed to.
Clauses 23 and 24, by leave, taken together and agreed to.
Clause 25 read.
On the motion of Mr Coulter the following amendment was agreed to -
Add at the end the following:
Page 656
"(2) Part 6 of the Taxation (Administration) Act applies to and in relation to a tax or levy that is
due and payable under subsection (1) and a reference in that Part to a duty or tax shall be read and
construed as a reference to a tax or levy under that subsection.".
Clause 25, as amended, agreed to.
Clauses 26 to 34, by leave, taken together and agreed to.
Clause 35 read.
On the motion of Mr Coulter, the following amendment was agreed to -
Add at the end the following:
"(3) The Director or an approved gaming inspector may enter and remain in a place that is associated
or used in conjunction with the business conducted at a casino for the purpose of the Director or the
approved gaming inspector performing his or her functions under this Act.
"(4) A person shall not, without reasonable excuse, obstruct or hinder the Director, a gaming inspector
or an approved person in the exercise of his or her powers under this Act.".
Clause 35, as amended, agreed to.
On the motion of Mr Coulter the following amendment was agreed to -
Omit from the heading of Division 3 of Part 4 "- sponsored".
Heading of Division 3 of Part 4, as amended, agreed to.
Clauses 36 to 41, by leave, taken together and agreed to.
Clause 42 read.
On the motion of Mr Coulter the following amendment was agreed to, after debate -
Add at the end the following:
"(3) Subject to the Regulations, a person authorised by the Minister may promote and conduct a lottery.".
Clause 42, as amended, agreed to.
Clause 43 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit from subclause (3)(a) "conducted" and insert in its stead "conducted by the Director".
On the motion of Mr Coulter the following further amendment was agreed to -
Omit from subclause (3)(b) "incurred" and insert in its stead "incurred by the Director".
Clause 43, as amended, agreed to.
Clauses 44 and 45, by leave, taken together and agreed to.
Clause 46 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit from subclauses (1), (2) and (3) "by the Director".
Page 657
Clause 46, as amended, agreed to.
Clauses 47 to 53, by leave, taken together and agreed to.
Clause 54 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit from subclause (2) all words after "in the notice".
On the motion of Mr Coulter the following further amendment was agreed to -
Insert after subclause (2) the following:
"(2A) A person is not guilty of an offence against this Division in respect of an unlawful game
specified in -
(a) a notice under subsection (2); or
(b) a permit granted under this Act,
where the person is playing the game in accordance with the notice or permit.".
Clause 54, as amended, agreed to.
Clauses 55 to 70, by leave, taken together and agreed to, after debate.
Clause 71 read.
On the motion of Mr Coulter the following amendment was agreed to -
Add at the end of subclause (2) the following:
"(iv) the Commissioner, within the meaning of the Taxation (Administration)
Act, for the purposes of performing functions or exercising powers imposed or
conferred on the Commissioner by or under the Taxation (Administration) Act or any
other Act, or prevents the Commissioner from disclosing that information or publishing
that document if the disclosure or publication does not directly or indirectly
divulge information identifying the affairs of a particular person.".
Clause 71, as amended, agreed to.
Clauses 72 and 73, by leave, taken together and agreed to.
Clause 74 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit "15(9)", "33(5)", "36" and "or 71(1)" and insert in their stead "15(9), 27(6)", "33(5) or (8)",
"35(4), 36" and ",69 or 71(1)", respectively.
Clause 74, as amended, agreed to.
Clause 75 agreed to.
Clause 76 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit "an offence against Part 3 may be instituted by the Licensee of the casino in or in relation to which
the offence is alleged to have been committed," and insert in its stead "an offence against this Act may
be instituted only by ".
Page 658
Clause 76, as amended, agreed to.
Clauses 77 and 78, by leave, taken together and agreed to.
Clause 79 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit "or a person" and insert in its stead ", a member of the Police Force or a person approved or".
Clause 79, as amended, agreed to.
Clause 80 negatived.
Clause 81 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit from subclause (2)(f) "this Act" and insert in its stead "this Act, the fees to be charged for the
granting of permits,".
Clause 81, as amended, agreed to.
Clause 82 agreed to.
Clause 83 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit from subclause (3) "Lotteries Act" and insert in its stead "Lotteries Act or a direction under the
Casino Act".
On the motion of Mr Coulter the following further amendment was agreed to -
Add at the end the following:
"(5) A licence granted under the Casino Act deemed in pursuance of this section to be a licence under
this Act may be cancelled, suspended, varied or otherwise dealt with under this Act.
"(6) The Lotteries and Gaming Regulations, as in force immediately before the commencement of this
Act, shall continue in force after that commencement as if they had been made under this Act and may be
amended or repealed under this Act, and a reference in those Regulations to a section of the Lotteries
Act shall be construed, where possible, as a reference to the appropriate or relevant section of
this Act.".
Clause 83, as amended, agreed to.
Schedule agreed to.
Title agreed to.
Bill to be reported with amendments.
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The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the report was
adopted.
The Treasurer (Mr Coulter) 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.
Page 659
12. TRAFFIC AMENDMENT ACT 1992 AMENDMENT BILL 1993 (Serial 250):
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 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 Manzie) the Bill was read a third time and passed to be a proposed law.
13. WATER SUPPLY AND SEWERAGE AMENDMENT BILL 1993 (Serial 251); and ELECTRICITY AMENDMENT BILL 1993 (Serial 252):
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 resumed.
Question - put and passed.
Bills read a second time.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Minister for Transport and Works (Mr Manzie) the Bills were read a third time and passed to
be proposed laws.
14. LIQUOR AMENDMENT BILL (No. 2) 1993 (Serial 241):
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 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 Minister for Correctional Services (Mr Poole) the Bill was read a third time and passed to be a
proposed law.
15. CONSUMER AFFAIRS AND FAIR TRADING BILL 1993 (Serial 244):
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 resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
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In the Committee
(Chairman - Mr McCarthy)
Clause 1 agreed to.
On the motion of the Attorney-General (Mr Manzie) the following new clause was inserted in the Bill -
"1A. REPEAL AND SUBSTITUTION
"Section 163 of the Consumer Affairs and Fair Trading Act is repealed and the following substituted:
Page 660
'163. PROHIBITION OF SALE OF VEHICLES WITHOUT VEHICLE IDENTIFICATION NUMBER
'(1) Subject to subsection (2), a person shall not offer or display for sale a motor vehicle unless
the motor vehicle has marked or affixed on it a vehicle identification number which, in pursuance of
section 101 of the Motor Vehicles Act, would permit the Registrar, within the meaning of that Act, to
register or renew the registration of the motor vehicle under that section.
Penalty: $5,000.
'(2) Subsection (1) does not apply to a person offering or displaying a motor vehicle for sale where
the motor vehicle is offered or displayed for sale solely for the purpose of the motor vehicle being used
as a source of spare parts for other motor vehicles.'.".
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
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The Deputy Speaker (Mr Collins) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the report
was adopted.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
16. FINANCIAL ADMINISTRATION AND AUDIT AMENDMENT BILL (No. 2) 1993 (Serial 235); BUSINESS FRANCHISE AMENDMENT BILL 1993
(Serial 236); PAY-ROLL TAX AMENDMENT BILL 1993 (Serial 237); and TAXATION (ADMINISTRATION) AMENDMENT BILL 1993 (Serial 238):
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 resumed.
Question - put and passed.
Bills read a second time.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Treasurer (Mr Coulter) the Bills were read a third time and passed to be proposed laws.
17. ADJOURNMENT:
The Minister for Health and Community Services (Mr Reed) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
Cartoon Strip - "The Public Circus Clowns - This Week: the Consultancy".
Debate continued.
Question - put and passed.
The Assembly adjourned at 8.01 p.m. until tomorrow at 10.00 a.m.
====================
Page 661
PAPER:
The following Paper was deemed to have been presented on Wednesday 18 August 1993:
Annual Report:
Uranium Mining (Environment Control) Act, 14th Report 1992.
====================
ATTENDANCE:
All Members attended the sitting.
Page 662
__________________________________________________________________________________
Date : 18/08/1993
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. ADMINISTRATIVE ARRANGEMENTS - MINISTRY - STATEMENT:
The Chief Minister (Mr Perron) informed the Assembly that His Honour the Administrator had appointed the Hon. Daryl
William Manzie, MLA as Minister for Transport and Works: with responsibility for the Power and Water Authority; and
the Darwin Port Authority with effect from 18 August 1993.
This is in addition to his ministerial responsibilities as Attorney-General, Minister for Conservation and Minister for
Work Health and Territory Insurance.
4. NOTICE:
The following notice was given:
Mr Perron: To present the Police Administration Amendment Bill (No. 2) 1993 (Serial 226).
5. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
Letter, Ms L. Gerdes to Hon. M.A. Reed, MLA, Minister for Health and Community Services, dated 31 May 1993.
Further questions were asked of Ministers.
Supplementary answers: The Treasurer (Mr Coulter) gave a supplementary answer to a question asked by the Leader of
the Opposition (Mr Ede) during Question Time this day.
The Minister for Lands, Housing and Local Government (Mr Hatton) gave a supplementary answer to a question asked
by the Member for Nelson (Mrs Padgham-Purich) during Question Time on Tuesday 17 August 1993.
The Minister for Education (Mr Finch) gave a supplementary answer to a question asked by the Member for Jingili
(Mr Setter) during Question Time on Tuesday 17 August 1993.
6. MARNGARR, BARUNGA MANYALLALUK AND WUGULARR COMMUNITY GOVERNMENT SCHEMES - PAPERS TABLED - PAPERS NOTED:
The Minister for Lands, Housing and Local Government (Mr Hatton) laid on the Table the following Papers -
Marngarr Community Government Scheme;
Barunga Manyallaluk Community Government Scheme; and
Wugularr Community Government Scheme.
Mr Hatton made a statement relating thereto.
Mr Hatton moved - That the Assembly take note of the Papers.
Debate ensued.
Page 653
Question - put and passed.
____________________
Suspension of sitting: The sitting was suspended between 12.08 p.m. and 2.00 p.m.
____________________
7. WORK HEALTH AUTHORITY - FUTURE DIRECTIONS - PAPER TABLED - PAPER NOTED:
The Minister for Work Health and Territory Insurance (Mr Manzie) laid on the Table the second Corporate Plan of
the Work Health Authority.
Mr Manzie made a statement relating thereto.
Mr Manzie moved - That the Assembly take note of the Paper.
Debate ensued.
Question - put and passed.
8. BAIL AMENDMENT BILL 1993 (Serial 254):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Bail 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 Macdonnell (Mr Bell) debate was adjourned.
9. INTERPRETATION AMENDMENT BILL 1993 (Serial 259):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Interpretation 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 Macdonnell (Mr Bell) debate was adjourned.
10. WORK HEALTH AMENDMENT BILL 1993 (Serial 267):
The Minister for Work Health and Territory Insurance (Mr Manzie), pursuant to notice, presented a Bill for an Act
to amend the Work Health Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
Paper tabled: Mr Manzie laid on the Table the following Paper -
Work Health, Dispute Resolution Review Committee Report.
On the motion of the Member for Millner (Mr Parish) debate was adjourned.
11. GAMING CONTROL BILL 1993 (Serial 242):
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 resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Chairman - Mr McCarthy)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
Page 654
On the motion of the Treasurer (Mr Coulter) the following amendment was agreed to -
Insert after subclause (3)(a) the following:
"(aa) to inquire into the suitability of a person to whom an interest (whether beneficial
or otherwise) in a casino licence is proposed to be transferred or assigned;".
On the motion of Mr Coulter the following further amendment was agreed to -
Insert after subclause (3) the following:
"(3A) The Director, when performing the functions conferred by subsection (3)(d), shall have regard to
the matters specified in section 17(4) as if that subsection, with the necessary changes, applied to
the Director.".
Clause 4, as amended, agreed to.
Clauses 5 to 15, by leave, taken together and agreed to.
Clause 16 agreed to, after debate.
The Leader of the Opposition (Mr Ede) moved - That the following proposed new clause be inserted in the Bill -
"16. TENDER FOR CASINO LICENCE
"(1)Where it is proposed to grant a casino licence, the Director shall call for tenders for the licence by
public advertisement and notice in the Gazette.
"(2)A tender lodged under this section shall be -
(a) in the form required by the Director;
(b) accompanied by the prescribed fee, if any; and
(c) accompanied by such information as the Director may request.
"(3)If a tender lodged under this section does not comply with a requirement of this section, the
Director may refuse to consider the application.
"(4)If a tender lodged under this section is refused under subsection (3) or withdrawn by the tenderer, the
Director, at his or her discretion, may refund the whole or part of the fee referred to in
subsection (2)(b).".
Proposed new clause negatived, after debate.
Clause 17 read.
On the motion of Mr Ede the following amendments were taken together, by leave -
Omit clause 17(1);
Omit from clause 17(2) and (4) "Minister"
(wherever occurring) and insert in its stead "Director";
Page 655
Omit from clause 17(5) "Minister" (second occurring) and insert in its stead "Director";
Omit from clause 18 "Minister" (wherever occurring) and insert in its stead "Director";
Omit from clause 20(1), (2) and (3) "Minister" (wherever occurring) and insert in its stead
"Director";
Omit from clause 20(2)(d) "Minister or the";
Omit from clause 22 "Minister" (wherever occurring) and insert in its stead "Director";
Omit from clause 23 "Minister" and insert in its stead "Director";
Omit from clause 24 "Minister" and insert in its stead "Territory";
Omit from clause 25 "Minister" and insert in its stead "Territory"; and
Omit from clause 26(1) "Minister" and insert in its stead "Director".
Amendments negatived, after debate.
Clause 17 agreed to.
Clauses 18 and 19, by leave, taken together and agreed to.
Clause 20 read.
On the motion of Mr Coulter the following amendment was agreed to -
Insert at the end of subclause (2)(b) "or the agreement".
Clause 20, as amended, agreed to.
Clause 21 agreed to.
Clause 22 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit from subclause (1) "casino licence" and insert in its stead "casino licence or an interest (whether
beneficial or otherwise) in a casino licence".
On the motion of Mr Coulter the following further amendment was agreed to -
Omit from subclause (2) "casino licence" and insert in its stead "casino licence or an interest in a
casino licence".
Clause 22, as amended, agreed to.
Clauses 23 and 24, by leave, taken together and agreed to.
Clause 25 read.
On the motion of Mr Coulter the following amendment was agreed to -
Add at the end the following:
Page 656
"(2) Part 6 of the Taxation (Administration) Act applies to and in relation to a tax or levy that is
due and payable under subsection (1) and a reference in that Part to a duty or tax shall be read and
construed as a reference to a tax or levy under that subsection.".
Clause 25, as amended, agreed to.
Clauses 26 to 34, by leave, taken together and agreed to.
Clause 35 read.
On the motion of Mr Coulter, the following amendment was agreed to -
Add at the end the following:
"(3) The Director or an approved gaming inspector may enter and remain in a place that is associated
or used in conjunction with the business conducted at a casino for the purpose of the Director or the
approved gaming inspector performing his or her functions under this Act.
"(4) A person shall not, without reasonable excuse, obstruct or hinder the Director, a gaming inspector
or an approved person in the exercise of his or her powers under this Act.".
Clause 35, as amended, agreed to.
On the motion of Mr Coulter the following amendment was agreed to -
Omit from the heading of Division 3 of Part 4 "- sponsored".
Heading of Division 3 of Part 4, as amended, agreed to.
Clauses 36 to 41, by leave, taken together and agreed to.
Clause 42 read.
On the motion of Mr Coulter the following amendment was agreed to, after debate -
Add at the end the following:
"(3) Subject to the Regulations, a person authorised by the Minister may promote and conduct a lottery.".
Clause 42, as amended, agreed to.
Clause 43 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit from subclause (3)(a) "conducted" and insert in its stead "conducted by the Director".
On the motion of Mr Coulter the following further amendment was agreed to -
Omit from subclause (3)(b) "incurred" and insert in its stead "incurred by the Director".
Clause 43, as amended, agreed to.
Clauses 44 and 45, by leave, taken together and agreed to.
Clause 46 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit from subclauses (1), (2) and (3) "by the Director".
Page 657
Clause 46, as amended, agreed to.
Clauses 47 to 53, by leave, taken together and agreed to.
Clause 54 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit from subclause (2) all words after "in the notice".
On the motion of Mr Coulter the following further amendment was agreed to -
Insert after subclause (2) the following:
"(2A) A person is not guilty of an offence against this Division in respect of an unlawful game
specified in -
(a) a notice under subsection (2); or
(b) a permit granted under this Act,
where the person is playing the game in accordance with the notice or permit.".
Clause 54, as amended, agreed to.
Clauses 55 to 70, by leave, taken together and agreed to, after debate.
Clause 71 read.
On the motion of Mr Coulter the following amendment was agreed to -
Add at the end of subclause (2) the following:
"(iv) the Commissioner, within the meaning of the Taxation (Administration)
Act, for the purposes of performing functions or exercising powers imposed or
conferred on the Commissioner by or under the Taxation (Administration) Act or any
other Act, or prevents the Commissioner from disclosing that information or publishing
that document if the disclosure or publication does not directly or indirectly
divulge information identifying the affairs of a particular person.".
Clause 71, as amended, agreed to.
Clauses 72 and 73, by leave, taken together and agreed to.
Clause 74 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit "15(9)", "33(5)", "36" and "or 71(1)" and insert in their stead "15(9), 27(6)", "33(5) or (8)",
"35(4), 36" and ",69 or 71(1)", respectively.
Clause 74, as amended, agreed to.
Clause 75 agreed to.
Clause 76 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit "an offence against Part 3 may be instituted by the Licensee of the casino in or in relation to which
the offence is alleged to have been committed," and insert in its stead "an offence against this Act may
be instituted only by ".
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Clause 76, as amended, agreed to.
Clauses 77 and 78, by leave, taken together and agreed to.
Clause 79 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit "or a person" and insert in its stead ", a member of the Police Force or a person approved or".
Clause 79, as amended, agreed to.
Clause 80 negatived.
Clause 81 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit from subclause (2)(f) "this Act" and insert in its stead "this Act, the fees to be charged for the
granting of permits,".
Clause 81, as amended, agreed to.
Clause 82 agreed to.
Clause 83 read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit from subclause (3) "Lotteries Act" and insert in its stead "Lotteries Act or a direction under the
Casino Act".
On the motion of Mr Coulter the following further amendment was agreed to -
Add at the end the following:
"(5) A licence granted under the Casino Act deemed in pursuance of this section to be a licence under
this Act may be cancelled, suspended, varied or otherwise dealt with under this Act.
"(6) The Lotteries and Gaming Regulations, as in force immediately before the commencement of this
Act, shall continue in force after that commencement as if they had been made under this Act and may be
amended or repealed under this Act, and a reference in those Regulations to a section of the Lotteries
Act shall be construed, where possible, as a reference to the appropriate or relevant section of
this Act.".
Clause 83, as amended, agreed to.
Schedule agreed to.
Title agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the report was
adopted.
The Treasurer (Mr Coulter) 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.
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12. TRAFFIC AMENDMENT ACT 1992 AMENDMENT BILL 1993 (Serial 250):
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 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 Manzie) the Bill was read a third time and passed to be a proposed law.
13. WATER SUPPLY AND SEWERAGE AMENDMENT BILL 1993 (Serial 251); and ELECTRICITY AMENDMENT BILL 1993 (Serial 252):
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 resumed.
Question - put and passed.
Bills read a second time.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Minister for Transport and Works (Mr Manzie) the Bills were read a third time and passed to
be proposed laws.
14. LIQUOR AMENDMENT BILL (No. 2) 1993 (Serial 241):
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 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 Minister for Correctional Services (Mr Poole) the Bill was read a third time and passed to be a
proposed law.
15. CONSUMER AFFAIRS AND FAIR TRADING BILL 1993 (Serial 244):
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 resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Chairman - Mr McCarthy)
Clause 1 agreed to.
On the motion of the Attorney-General (Mr Manzie) the following new clause was inserted in the Bill -
"1A. REPEAL AND SUBSTITUTION
"Section 163 of the Consumer Affairs and Fair Trading Act is repealed and the following substituted:
Page 660
'163. PROHIBITION OF SALE OF VEHICLES WITHOUT VEHICLE IDENTIFICATION NUMBER
'(1) Subject to subsection (2), a person shall not offer or display for sale a motor vehicle unless
the motor vehicle has marked or affixed on it a vehicle identification number which, in pursuance of
section 101 of the Motor Vehicles Act, would permit the Registrar, within the meaning of that Act, to
register or renew the registration of the motor vehicle under that section.
Penalty: $5,000.
'(2) Subsection (1) does not apply to a person offering or displaying a motor vehicle for sale where
the motor vehicle is offered or displayed for sale solely for the purpose of the motor vehicle being used
as a source of spare parts for other motor vehicles.'.".
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
____________________
The Deputy Speaker (Mr Collins) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the report
was adopted.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
16. FINANCIAL ADMINISTRATION AND AUDIT AMENDMENT BILL (No. 2) 1993 (Serial 235); BUSINESS FRANCHISE AMENDMENT BILL 1993
(Serial 236); PAY-ROLL TAX AMENDMENT BILL 1993 (Serial 237); and TAXATION (ADMINISTRATION) AMENDMENT BILL 1993 (Serial 238):
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 resumed.
Question - put and passed.
Bills read a second time.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Treasurer (Mr Coulter) the Bills were read a third time and passed to be proposed laws.
17. ADJOURNMENT:
The Minister for Health and Community Services (Mr Reed) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
Cartoon Strip - "The Public Circus Clowns - This Week: the Consultancy".
Debate continued.
Question - put and passed.
The Assembly adjourned at 8.01 p.m. until tomorrow at 10.00 a.m.
====================
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PAPER:
The following Paper was deemed to have been presented on Wednesday 18 August 1993:
Annual Report:
Uranium Mining (Environment Control) Act, 14th Report 1992.
====================
ATTENDANCE:
All Members attended the sitting.
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Last updated: 04 Aug 2016