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Minutes of Proceedings - 2000-11-28

Eighth Assembly First Session 28/11/2000 Parliamentary Record No. 26
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Date : 28/11/2000

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1. MEETING:

The Assembly met at 14.30 h, pursuant to resolution of the Assembly, dated Thursday 19 October 2000, as amended by the Speaker, pursuant to Sessional Order. The Speaker, the Honourable T. R. McCarthy, took the Chair.

2. PRAYERS.

3. DISTINGUISHED VISITOR:

The Speaker advised Members of the presence in the Speaker’s Gallery of Mr David Pollock, a former Member of the Legislative Assembly.

On behalf of all Members Mr Speaker extended a warm welcome to the distinguished visitor.

4. STATEMENT:

The Speaker advised Members that he had given permission for Channel 8 and ABC television to take file footage today, without sound during Questions.

5. MINISTRY AND ADMINISTRATIVE ARRANGEMENTS:

The Chief Minister (Mr Burke) advised Members of the rearrangement of Ministerial portfolios formerly held by Mrs L Braham and appointment of a new Minister the Honourable Dr Richard Lim, with effect from 27 November 2000, as follows:

The Honourable Dr Richard Lim –

Minister for Local Government,
Minister for Housing; and
Minister for Central Australia.

The Honourable Peter Adamson gained the portfolio of Minister for Aboriginal Development.

6. LEAVE OF ABSENCE:

The Leader of the Opposition (Ms Martin) moved – That leave of absence this sittings be granted to the Member for Barkly (Mrs Hickey), on account of a death in the family.

Question – put and passed.

The Leader of Government Business (Mr Palmer) moved – That leave of absence be granted to the Member for Casuarina (Mr Adamson) this day due to his attendance to government business interstate on behalf of the Chief Minister.

Question – put and passed.

7. PETITIONS:

The Member for Nhulunbuy (Mr Stirling) presented petition No. 55 from (675 petitioners) relating to funding for construction of an airconditioned multi-purpose area for Nhulunbuy High School (Paper 2183).

Petition read

The Member for Arnhem (Mr Ah Kit) presented petition No. 53 from (135 petitioners) relating to a reliable airline service to Groote Eylandt (Paper 2184).

Petition read

8. NOTICES:

The following notices were given:

Mr Burke: To present on Thursday 30 November 2000, the Fines and Penalties Bill 2000 (Serial 287).

Mr Burke: To present on Thursday 30 November 2000, the Fines and Penalties (Consequential Amendments)

Bill 2000 (Serial 288).

Mr Burke: To present the Statute Law Revision Bill (No. 2) 2000 (Serial 285).

Mr Palmer: To present the Weeds Management Bill 2000 (Serial 284).

9. QUESTIONS:

14:39 Ms Martin to Mr Burke.

14:45 Mr Balch to Mr Burke.

14:50 Ms Martin to Mr Burke.

14:54 Mr Elferink to Mr Palmer.

14:59 Mr Stirling to Mr Reed.

15:05 Mr Hatton to Mr Lugg.

15:08 Mr Stirling to Mr Burke.

15:11 Mr Mills to Mr Dunham.

15:17 Mr Stirling to Mr Reed.

The Leader of Governemnt Business (Mr Palmer) asked that the radio broadcast be ceased forthwith.

10.CENSURE OF CHIEF MINISTER AND TREASURER – MOTION NEGATIVED:

The Member for Nhulunbuy (Mr Stirling) moved – That so much of Standing Orders be suspended as would prevent him moving a motion forthwith, in the following terms:

This Assembly censure the Chief Minister and the Treasurer for:

(a) gross financial mismanagement where Territory taxpayers have paid out in excess of $100 million dollars for a transmission line worth around $15 million dollars;

(b) failing to provide evidence to substantiate the Treasurer’s claim that the NT Government was under an “obligation” to purchase the line;

(c) failing to report in the Annual Treasurer’s Financial Statements any contingent liability in respect of this obligation; and

(d) failing to account to Territorians details of the Channel Island land deal for NT Power (Paper 2185).

The Leader of Government Business (Mr Palmer) informed the Assembly that the Government accepted the motion as a censure motion, pursuant to Standing Order 95.

Mr Palmer thereupon 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, 16 NOES, 6

Mr Balch Mr Ah Kit

Mr Baldwin Mr Henderson

Mrs Braham Ms Martin

Mr Burke Mr Rioli

Ms Carter Mr Stirling

Mr Dunham Dr Toyne

Mr Elferink

Mr Hatton

Dr Lim

Mr Lugg

Mr Manzie

Mr Mills

Mr Mitchell

Mr Palmer

Mr Poole

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, 6 NOES, 16

Mr Ah Kit Mr Balch

Mr Henderson Mr Baldwin

Ms Martin Mrs Braham

Mr Rioli Mr Burke

Mr Stirling Ms Carter

Dr Toyne Mr Dunham

Mr Elferink

Mr Hatton

Dr Lim

Mr Lugg

Mr Manzie

Mr Mills

Mr Mitchell

Mr Palmer

Mr Poole

Mr Reed

Motion negatived accordingly.

11. AUDITOR-GENERAL’S REPORT TO THE LEGISLATIVE ASSEMBLY ON THE 1999/2000 TREASURER’S ANNUAL FINANCIAL STATEMENT:

The Speaker laid on the Table the Auditor-General‘s Report to the Legislative Assembly, analysis of the 1999/2000 Treasurer’s Annual Financial Statement (Paper 2182).

The Chief Minister (Mr Burke) moved – That the Report be printed.

Question – put and passed.

Mr Burke moved – That the Assembly take note of the Report.

Leave granted to Mr Burke to continue his remarks at a later hour.

Debate adjourned.

12. PAWA’S PURCHASE OF DARWIN TO KATHERINE TRANSMISSION LINE – MINISTERIAL STATEMENT – STATEMENT NOTED:

The Treasurer (Mr Reed) made a statement relating to the purchase of an electricity Transmission Line from Darwin to Katherine (Paper 2194).

Papers tabled:

Mr Reed laid on the Table the following Papers –

Letter, Mr Peter Fowler, Project Manager – Major Projects PAWA to the Town Clerk, Katherine Town Council re Darwin to Katherine 132 kv Transmission Line, dated 22 June 1988 (Paper 2195);
Facsimile, Mr Simon Cairncross, Allco Property Finance Limited to Mr Mahen Gunaratnam, PAWA dated 28 September 1990 re N T Transmission Line Financing of the Darwin to Katherine Transmission Line (Paper 2196); and
Extracts from the Treasurer’s Annual Financial Report, 1999/2000 (Paper 2197).

Mr Reed moved – That the Assembly take note of the statement.

Debate ensued.

Paper tabled:

The Minister for Essential Services (Mr Dunham) laid on the Table the following Paper –

Power and Water Authority Annual Report, 1999/2000 (Paper 2188).

Debate continued.

Member suspended:

The Deputy Speaker (Mr Mitchell), pursuant to Standing Order 240A, ordered the Member for Nhulunbuy (Mr Stirling) at 17:20 hours to withdraw from the chamber for one hour on account of disorderly conduct.

Mr Stirling accordingly withdrew.

Debate continued.

Paper tabled:

The Treasurer (Mr Reed) laid on the Table the following Paper –

Letters, Hon M Reed, Treasurer to Ms C Martin, Leader of the Opposition re briefing and sale of Darwin to Katherine Transmission Line, dated 14 November 2000, 15 November 2000 and 16 November 2000 (Paper 2200); and
Extract, Budget Papers 1997/98, Part 5 - Contingent Liabilities at 30 June 1998 (Paper 2199).

Debate continued.

Question – put and passed.

13. PUBLIC ACCOUNTS COMMITTEE AND ENVIRONMENT COMMITTEE – ALTERATION OF COMMITTEE MEMBERSHIPS:

The Leader of Government Business (Mr Palmer) moved – That the Member for Greatorex (Dr Richard Lim) be discharged from the service of the Public Accounts Committee and the Environment Committee; and that the Member for Blain (Mr Terrence Mills) be appointed to serve on those Committees in his stead.

Question – put and passed.

14. ORDER OF BUSINESS:

The Leader of Government Business (Mr Palmer) moved – That routine business of the Assembly, Papers be called on forthwith.

Question – put and passed.

15. RATIFICATION OF TREATIES – MOTION:

The Chief Minister (Mr Burke), by leave, moved –

That this Assembly, while welcoming the reforms introduced by the Howard government on the way treaties are dealt with both by the federal government and Federal Parliament, believes:

(a) all treaties should have the approval of the Federal Parliament before they can have any effect on Australians;

(b) the view and attitude of all States and Territories should be formally put to the Federal Parliament; and

(c) that points (a) and (b) along with the other reforms put in place in 1996 should have the force of legislation rather than be reliant on the goodwill of the Government of the day.

And further that the attitude of this Assembly in relation to treaties be communicated to both Houses of the Federal Parliament as well as the parliaments of the other States and Territories.

Paper tabled:

Mr Burke laid on the Table the following Paper –

Draft, Ratification of Treaties Bill 2000 (Paper 2186); and
Table, list of Ratifications of International Labour Conventions, Termination of Employment Conventions, 1982 (No. 158), date of entry into force 23 November 1985 (Paper 2201).

Debate ensued.

On the motion of the Member for Arafura (Mr Rioli) debate was adjourned.

16. HONDA MASTERS GAMES 2000 AND PARALYMPIC GAMES 2000 – MINISTERIAL STATEMENT – STATEMENT NOTED:

The Minister for Sport and Recreation (Mr Lugg) made a statement relating to the Honda Masters Games 2000 and Paralympic Games 2000 (Paper 2202).

Mr Lugg moved – That the Assembly take note of the statement.

Debate ensued.

Question – put and passed.

17. MISUSE OF DRUGS AMENDMENT BILL 2000 (Serial 266):

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.

18. CRIMES AT SEA BILL 2000 (Serial 267); and OFF-SHORE WATERS (APPLICATION OF TERRITORY LAWS) AMENDMENT BILL 2000 (Serial 268):

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 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 Attorney-General (Mr Burke) the Bills were read a third time and passed to be proposed laws.

19. WATER SUPPLY AND SEWERAGE SERVICES BILL 2000 (Serial 280):

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.

The Assembly resolved itself into Committee of the Whole.

In Committee
(Deputy Chairman – Mr Elferink)

Bill, by leave, taken as a whole.

The Treasurer (Mr Reed), by leave, moved – That the Schedule of Amendments No. 84 standing in his name relating to the Water Supply and Sewerage Services Bill 2000 (Serial 280) be put and taken together, forthwith.

Question – put and passed.

The Bill was amended as follows:

In Clause 4 -

Omit the definition of 'main' and substitute the following:

' "main" means a main pipe forming part of a licensee's water supply infrastructure or sewerage services infrastructure;';

Omit 'meter' from the definition of 'service pipe' and substitute 'customer's supply point';

Omit 'products' from the definition of 'sewerage infrastructure' and substitute 'discharges'; and

Omit 'products' from the definition of 'sewerage services' and substitute 'discharges'.

Insert after Clause 11 the following:

'11A. Application to have variation of water supply licence area or sewerage services licence area

(1) A person may apply to the Minister for –

(a) a water supply licence area; or

(b) a sewerage services licence area,

to be varied.

(2) The Minister must consider an application under subsection (1) within 2 months after it is made and may grant or refuse to grant the application.

(3) If the Minister grants the application, the Minister must under section 11 vary as he or she thinks fit the water supply licence area or sewerage services licence area, as the case may be.'.

In Clause 15, insert in subclause (1) 'within 2 months after it is made' after 'a licence'.

In Clause 17, omit '(not longer than 5 years)'.

In Clause 23, insert after subclause (1) the following:

'(1A) The suspension or cancellation of a licence may relate to the whole or a part of the licence.'.

In Clause 41, insert after subclause (1)(a) the following:

'(aa) if the licensee is related to or associated with a business that operates in actual or potential competition with unrelated businesses – keep the business authorised by the licence separate from the related or associated business in the manner and to the extent specified in the conditions;'.

In Clause 43, omit from subclause (4) 'to the Utilities Commission'.

In Clause 58, omit from subclause (1) all words after 'to charge for' and substitute 'water supply services, sewerage services and related services that are supplied to customers under the licence.'.

In Clause 59, insert in subclause (4)(b) 'not longer than' before '3 years'.

In Clause 60, omit from subclause (7) 'specified' and substitute 'determined in accordance with the charging principles specified'.

In Clause 64:

Insert in subclause (1) 'inspect,' before 'test';

Omit from subclause (5) 'or by force in an emergency'; and

Omit from subclause (6) 'by the exercise of powers under a warrant or by force in an emergency' and substitute 'by force in an emergency (other than if force is used under a warrant obtained in accordance with subsection (3))'.

In Clause 65:

Insert in subclause (2) 'or if urgent works are required to protect the safety of water supply or sewerage services, the public or infrastructure,' after 'emergency'; and

Omit subclause (3).

In Clause 67, omit subclause (5).

In Clause 68:

Insert at the end of subclause (1) the following:

'Penalty: In the case of a natural person – 20 penalty units.

In the case of a corporation – 100 penalty units.'; and

Omit from subclause (4) the following:

'Penalty: In the case of a natural person – 20 penalty units.

In the case of a corporation – 100 penalty units.'.

In Clause 69:

Omit from subclause (1) 'a sewer or water main' (twice occurring) and substitute 'any water supply infrastructure or sewerage services infrastructure';

Omit from subclause (1) 'the sewer or water main' and substitute 'the water supply infrastructure or sewerage services infrastructure';

Omit from subclause (3) 'a sewer or water main' and substitute 'any water supply infrastructure or sewerage services infrastructure';

Omit from subclause (3)(b) 'sewer' and substitute 'sewerage services infrastructure'; and

Omit from subclause (4) 'specifying' and substitute 'specify'.

In Clause 70, omit from subclause (3) 'The owner of the land to which the' and substitute 'A customer to whom a'.

In Clause 73:

Omit from subclause (1) 'The owner of land must ensure that a meter owned by a licensee and installed on the land' and substitute 'A customer to whom a water supply is made available through a meter installed by a licensee on land must ensure that it';

Omit from subclause (2) 'If a licensee is unable to read, inspect or repair a meter, or to gain access to or otherwise work on a meter, the licensee may, by written notice, require the owner of the land on which the meter is installed' and substitute 'If a licensee is unable to read, inspect or repair a meter installed on land, or to gain access to or otherwise work on the meter, the licensee may, by written notice, require the customer to whom the water supply is made available through the meter'; and

Omit from subclause (3) 'An owner of land' and substitute 'A person'.

In Clause 74, omit from subclause (2) 'owner of the land' and substitute 'customer to whom the water supply is made available through the meter'.

In Clause 75, omit from subclause (1) 'The owner of land to which water is supplied' and substitute 'A customer to whom a water supply is made available through a meter to land'.

In Clause 89, insert in subclause (2) 'an amount by way of damages for any loss incurred by the licensee as a result of the person's actions and' after 'the licensee'.

In Clause 91:

Omit subclause (1) and substitute the following:

'(1) A person must not –

(a) cause or permit an indirect cross-connection to a licensee's water supply infrastructure except in accordance with the National Plumbing and Drainage Code; or

(b) cause or permit a direct cross-connection to a licensee's water supply infrastructure except with the written approval of the licensee.

Penalty: In the case of a natural person – 20 penalty units.

In the case of a corporation – 100 penalty units.';

Omit from subclauses (2) and (3) 'system' (wherever occurring) and substitute 'infrastructure';

Omit from subclause (2) 'a pipe forming part of';

Insert in subclause (3) 'either directly or indirectly' after 'otherwise)';

Omit from subclause (3) '(either directly or indirectly connected to a water main)'; and

Add at the end of subclause (3) the following:

' "National Plumbing and Drainage Code" means Australian Standard AS 3500 (as in force from time to time) published on behalf of Standards Australia International Limited (A.C.N. 087 326 690) or the Standards Association of Australia as constituted before 1 July 1999.'.

Insert after Clause 95 the following new clause:

'95A. Wasting water

(1) A person must not waste water.

Penalty: In the case of a natural person – 20 penalty units.

In the case of a corporation – 100 penalty units.

(2) Subsection (1) applies despite that the use of the water is otherwise lawful.

(3) If a services officer considers that water is being wasted, the services officer may serve a notice –

(a) on the occupier of the land; or

(b) if the occupier or a person apparently in control of the land is not present – by leaving it in a conspicuous place on the land,

specifying the type of waste and directing that it cease within the time specified in the notice.

(4) A person served with a notice under subsection (3) must comply with and not contravene the notice.

Penalty: In the case of a natural person – 20 penalty units.

In the case of a corporation – 100 penalty units.'.

In Clause 96, omit all words after 'must,' to and including 'be disconnected.' and substitute 'not later than 7 days before commencing to demolish a building or structure on the land that is connected to a sewer or water main of a licensee, give written notice of his or her intention to the licensee.'.

In Clause 99, omit from subclause (3)(a) 'the licensee's code and'.

In Clause 115:

Add at the end the following:

'(4) If –

(a) a notice or document required or authorised to be given to or served on a person under this Act has not been able to be given to or served on the person in a manner prescribed in this section; and

(b) the person is the owner or occupier of land,

the notice or document may be served on the person by affixing a copy of the notice or document in a conspicuous place on the land.'

In Clause 118:

Omit subclause (5) and substitute the following:

'(5) Subsection (4) ceases to apply to an area referred to in that subsection –

(a) if the Authority is granted a licence under this Act in respect of the area; or

(a) 12 months after the commencement of this Act,

whichever occurs first.';

Insert after subclause (8) the following:

'(8A) If, immediately before the commencement of this Act, an amount was required to be paid under section 12A or 13B of the Repealed Act, the amount outstanding remains payable to the Authority in accordance with the section and, for that purpose, sections 12A and 13B are to be taken not to have been repealed.'; and

Insert after subclause (11) the following:

'(11A) Despite section 81, a person may discharge trade waste into a licensee's sewerage services infrastructure if, immediately before the commencement of this Act, the person was permitted to do so under a trade waste agreement entered into under section 47 of the Repealed Act.

(11B) Subsection (11A) applies until the trade waste agreement entered into under section 47 of the Repealed Act is terminated.

(11C) For the purposes of subsections (11A) and (11B), Part VI of the Repealed Act is to be taken not to have been repealed.'.

Amendments agreed to.

Bill, as amended, agreed to.

Bill to be reported, with amendments.

The Assembly resumed; the Acting Speaker (Mr Mitchell) resumed the Chair; the Deputy Chairman (Mr Elferink) reported that the Committee had considered the Bill and agreed to the same, with amendments.

On the motion of the Treasurer (Mr Reed) the Bill was read a third time and passed to be a proposed law.

20. TERRITORY INSURANCE OFFICE AMENDMENT BILL 2000 (Serial 275):

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 Minister for Territory Insurance (Mr Manzie) the Bill was read a third time and passed to be a proposed law.

21. ADJOURNMENT:

The Leader of Government Business (Mr Palmer) moved – That the Assembly do now adjourn.

Debate ensued.

Paper tabled:

The Member for Braitling (Mrs Braham), by leave, laid on the Table the following Paper –

The Handmade Railway, catalogue “Men Laying sleepers and railway line”, by Northern Territory Archive Service NTRS 573, No. 58 (Paper 2203); and
The Ghan News, Alice Springs, Tuesday August 6th 1929 (Paper 2204).

Debate continued.

Question – put and passed.

The Assembly adjourned at 20:43 h until 10:00 h, Wednesday 29 November 2000.

The following Papers were deemed to have been presented on Tuesday 28 November 2000 –

Annual Report:

National Road Transport Commission, 1999/2000 (Paper 2181)

Financial Statement:

Darwin Port Corporation, 1999/2000 (Paper 2198)

Regulations 2000:

No. 50, Amendments of Supreme Court Rules (Paper 2189)

No. 51, Lands and Mining Tribunal Rules (Paper 2190)

No. 52, Amendments of supreme Court Rules (Paper 2191)

No. 53, Amendments of Agents Licensing Regulations (Paper 2192)

No. 54, Amendments of Motor Vehicles Regulations (Paper 2193)

ATTENDANCE:

All Members attended the sitting, except Mr Adamson and Mrs Hickey, on leave.

Last updated: 04 Aug 2016

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Minutes of Proceedings - 2000-11-28