Minutes of Proceedings - 2000-03-02
Eighth Assembly First Session 22/02/2000 Parliamentary Record No. 21
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Date : 02/03/2000__________________________________________________________________________________
1. MEETING:
2. PRAYERS.
3. PETITION:
4. QUESTIONS:
5. PROSPECTS FOR REGIONAL GROWTH AND DEVELOPMENT – MINISTERIAL STATEMENT –STATEMENT NOTED:
7. DISTINGUISHED VISITOR:
8. NEXT MEETING:
9. SUSPENSION OF STANDING ORDERS – PASS BILLS THROUGH STAGES:
10. REVENUE UNITS BILL 2000 (Serial 214):
11. WATER AMENDMENT BILL 2000 (Serial 222):
12. FISHERIES AMENDMENT BILL 2000 (Serial 226):
13. JUSTICES AMENDMENT BILL 2000 (Serial 219) and JUVENILE JUSTICE AMENDMENT BILL 2000 (Serial 220):
14. ELECTRICITY REFORM BILL 1999 (Serial 210); UTILITIES COMMISSION BILL 1999 (Serial 211); ELECTRICITY NETWORKS (THIRD PARTY ACCESS) BILL 1999 (Serial 212); and POWER AND WATER AUTHORITY AMENDMENT BILL 1999 (NO. 2) 1999 (Serial 213):
Utilities Commission Bill 1999 (Serial 211), with amendments;
Electricity Networks (Third Party Access) Bill 1999 (Serial 212), with amendments;
Power And Water Authority Amendment Bill 1999 (No. 2) 1999 (Serial 213).
16. AUDITOR-GENERAL’S REPORT TO THE LEGISLATIVE ASSEMBLY ON THE 1998/99 TREASURE’S ANNUAL FINANCIAL STATEMENT – REPORT NOTED:
17. ADJOURNMENT:
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Date : 02/03/2000
1. MEETING:
- The Assembly met at 10.00 h. The Speaker, the Honourable T R McCarthy, took the Chair.
2. PRAYERS.
3. PETITION:
- The Member for Wanguri (Mr Henderson), by leave, presented a petition, not conforming with Standing Orders, from 291 petitioners expressing concern about morphine usage in the Northern Territory (Paper 1738).
Petition read.
4. QUESTIONS:
- 10:03 Ms Martin to Mr Burke.
Paper tabled: The Leader of the Opposition (Ms Martin), by leave, laid on the Table the following Paper –
10:09 Mr Hatton to Mr Burke.
10:17 Mrs Martin to Mr Burke.
10:18 Mr Mills to Mr Reed.
10:24 Mr Toyne to Mr Lugg.
Paper tabled: The Member for Stuart (Mr Toyne), by leave, laid on the Table the following Paper –
10:28 Dr Lim to Mr Adamson.
10:33 Mr Toyne to Mr Lugg.
10:39 Mr Balch to Mr Reed.
Paper tabled: The Treasurer (Mr Reed) laid on the Table the following Papers –
10:46 Mr Toyne to Mr Lugg.
10:48 Mr Mitchell to Mr Reed.
Papers tabled: The Treasurer (Mr Reed) laid on the Table the following Papers –
- 10:53 Mr Stirling to Mr Burke.
10:55 Dr Lim to Mr Dunham.
Visitors: The Speaker advised Members of the presence in the public galleries of Year 7 students from Marrara Christian School and their teacher Mr Wilf Lahring.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
Answer to Question: The Minister for Health, Family and Children’s Services (Mr Dunham) provided an answer to a question asked of him on 29 February 2000 relating to Royal Darwin Hospital.
The Leader of Government Business (Mr Palmer) asked that further questions be placed on the Question Paper.
5. PROSPECTS FOR REGIONAL GROWTH AND DEVELOPMENT – MINISTERIAL STATEMENT –STATEMENT NOTED:
- The Minister for Asian Relations and Trade (Mr Manzie) made a statement relating to prospects for regional growth and implications for the Territory (Paper 1743).
Mr Manzie moved – That the Assembly take note of the Statement.
Debate ensued.
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Suspension of sitting: The sitting was suspended between 12:01 h and 14:00 h.
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Debate resumed.
Question – put and passed.
- The Minister for Housing (Mrs Braham) made a statement relating to achievements of Housing 2003 policies introduced in April 1998 (Paper 1757).
Mrs Braham moved – That the Assembly take note of the Statement.
Debate ensued.
Question – put and passed.
7. DISTINGUISHED VISITOR:
- The Speaker advised Members of the presence in the Speaker’s Gallery of Mr Masaji Takahashi, Japanese Ambassador to Australia.
On behalf of all Members Mr Speaker extended a warm welcome to the distinguished visitor.
8. NEXT MEETING:
- The Leader of Government Business (Mr Palmer) moved - That the Assembly at its rising adjourn until Tuesday 9 May 2000 at 10:00 am or such other time and /or date as may be set by Mr Speaker, pursuant to Sessional Order.
Question – put and passed.
9. SUSPENSION OF STANDING ORDERS – PASS BILLS THROUGH STAGES:
- The Leader of Government Business (Mr Palmer) moved – That so much of Standing Orders be suspended as would prevent the Justices Amendment Bill 2000 (Serial 219) and Juvenile Justice Amendment Bill 2000 (Serial 220) passing through all stages at this sitting.
Question put and passed.
10. REVENUE UNITS BILL 2000 (Serial 214):
- The Leader of Government Business (Mr Palmer), on behalf of and at the request of the Treasurer (Mr Reed), pursuant to notice, presented a Bill for an Act to provide for fees and charges prescribed by or under Acts to be expressed as revenue units.
Bill read a first time.
Mr Palmer moved – That the Bill be now read a second time.
Debate ensued.
On the Motion of the Member for Arnhem (Mr Ah Kit) debate was adjourned.
11. WATER AMENDMENT BILL 2000 (Serial 222):
- The Minister for Asian Relations and Trade (Mr Manzie), on behalf of and at the request of the Minister for Lands , Planning and Environment, pursuant to notice, presented a Bill for an Act to amend the Water Act.
Bill read a first time.
Debate ensued.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
12. FISHERIES AMENDMENT BILL 2000 (Serial 226):
- The Minister for Primary Industry and Fisheries (Mr Palmer), pursuant to notice, presented a Bill for an Act to amend the Fisheries Act.
Bill read a first time.
Mr Palmer moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
13. JUSTICES AMENDMENT BILL 2000 (Serial 219) and JUVENILE JUSTICE AMENDMENT BILL 2000 (Serial 220):
- 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.
Leave granted for a motion for the third reading 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.
14. ELECTRICITY REFORM BILL 1999 (Serial 210); UTILITIES COMMISSION BILL 1999 (Serial 211); ELECTRICITY NETWORKS (THIRD PARTY ACCESS) BILL 1999 (Serial 212); and POWER AND WATER AUTHORITY AMENDMENT BILL 1999 (NO. 2) 1999 (Serial 213):
- 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)
Electricity Reform Bill 1999 (Serial 210):
Bill, by leave, taken as a whole.
Schedule of amendments No. 57 standing in the name of the Attorney-General (Mr Reed) taken together, by leave, and agreed to after debate -
Omit from Clause 4 -
The definition of "access agreement" in subclause (1) and substitute the following:
- ' "access agreement" means a contract or agreement for the provision of network access services entered into between a network provider and a network user under the Network Access Code and includes an award made by an arbitrator for the same purpose under the Network Access Code;';
- The definition of "electricity network" in subclause (1) and substitute the following:
- ' "electricity network" means the assets that together are operated by the network provider for the purposes of transporting electricity from generators of electricity to a transfer point with another network or to consumers of electricity;";
- From the definition of "network provider" in subclause (1) all words after 'means' and substitute 'a person licensed under Part 3 to provide network services';
- The definition of "network services" in subclause (1) and substitute the following:
- ' "network services" means the services provided to network users by a network provider;';
- The definition of "network user" in subclause (1) and substitute the following:
- ' "network user" means a person who has been granted access to the electricity network by the network provider in order to transport electrical energy to or from a particular point;'; and
- ' "supply", of electricity, means physically conveying electricity to a customer by transmission or distribution;'.
Omit from clause 6, paragraph (b) and substitute the following:
- '(b) the function of providing advice to the Minister on the operation of this Act; and'.
- '(4) A person is not liable in any way for any loss, damage or injury suffered by another person because of his or her giving information under this section.'.
- '(c) selling electricity;'.
Insert in Clause 16(2)(c) 'reliably and' before 'safely'.
Insert in Clause 17(2) ', the licence' after 'this Act'.
Insert in clause 19, in the definition of "administrative costs" in subclause (7) ', the Electricity Networks (Third Party Access) Act or the Network Access Code' after 'this Act'.
Omit from Clause 23(2) '8' and substitute '9'.
Insert in Clause 23(4) 'to non-contestable customer' after 'selling of electricity'.
Add at the end of Clause 23 the following:
- '(5) A licence authorising the selling of electricity does not authorise the electricity entity to have access to an electricity network other than in accordance with an access agreement entered into under the Network Access Code with the electricity entity licensed to operate the electricity network.'.
Clause 26 -
Add after subclause (1)(d)(ii) the following:
- '(iii) for a purpose specified in the conditions;';
- Omit from subclause (1)(e) all words after 'electricity network';
Insert in subclause (1)(j)(i) 'physical' before 'access';
Omit from subclause (2) 'subsection (1)(c)' and substitute 'subsection (1)'; and
Add at the end of subclause (2) 'other than in accordance with an access agreement or award under the Network Access Code'.
Omit from Clause 27(1) all words before paragraph (a) and substitute the following:
'(1) Despite anything in this Act, the Electricity Networks (Third Party Access) Act or the Network Access Code, an electricity entity does not have an obligation to connect or supply electricity to a customer's electrical installation or premises, and is not in breach of an access agreement to do so, if –'.
Omit from Clause 27(2)(a) 'customer sale contract' and substitute 'the customer's agreement'.
Clause 28 -
- Omit subclause (1)(a);
Omit subclause (1)(b) and substitute the following:
- '(a) if the licence authorises the selling of electricity to non-contestable customers and the electricity entity is a related body corporate in relation to an electricity entity granted a licence authorising the generation of electricity or the selling of electricity to contestable customers – requiring the business of selling of electricity authorised by the licence as it relates to non-contestable customers to be kept separate from these other businesses in the manner and to the extent specified in the conditions;';
Omit from subclause (1)(g)(i) 'its contestable' and substitute 'these non-contestable';
Omit from subclause (1)(h) all words after '28 days notice' and substitute 'of that fact and specifying the manner in which the notice is to be given; and
- (ii) requiring the electricity entity to request these non-contestable customers to give written consent to the electricity entity providing their names, addresses and other contact details from time to time to the Utilities Commission and the Utilities Commission providing that information to other electricity entities holding licences authorising the selling of electricity;'; and
- Omit 'section 28' and substitute 'section 23(3)';
Omit 'a customer sale contract' and insert 'an agreement to supply electricity';
Omit from paragraph (b) 'distribute' and substitute 'supply'; and
Omit from paragraph (d)(ii) 'its customer sale contract' and substitute 'the customer's agreement'.
In Clause 32 –
- Omit from subclause (1) 'by written notice to the entity'; and
Add at the end of subclause (3) ', the Electricity Networks (Third Party Access) Act or the Network Access Code'.
In Clause 38 –
- Omit from subclause (1) 'safely and securely in accordance with the technical code prepared under the Network Access Code for the system' and substitute 'reliably, safely and securely in accordance with a technical code prepared by the system controller and approved by the Utilities Commission'.
In Clause 39 –
- Omit from subclause (1) 'in accordance with the Regulations'.
In Clause 40 –
- Insert in subclause (2)(a) 'or the Network Access Code' after 'this Act'.
In Clause 44 –
- Omit from subclause (1) 'and conditions relating to prices';
Omit subclause (4) and substitute the following:
- '(4) An electricity pricing order may also regulate the terms and conditions (including the conditions relating to performance standards) on which the relevant electricity, goods and services are to be provided.';
Omit from subclause (11) (second occurring) '(11)' and substitute '(12)'; and
Omit subclause (11)(b) and substitute the following:
- '(b) enforce an electricity pricing order under section 23 of the Utilities Commission Act in the same way as if it were a determination of the Utilities Commission under that Act.'.
In Clause 45 –
- Omit from subclause (1)(a) 'licensed to generate electricity'; and
Insert after subclause (3) the following:
- '(3A) A network user or customer who is required to provide information under subsection (3) must provide the information as and when required by the Utilities Commission.
- Penalty: 500 penalty units.'.
In Clause 48 –
- Omit from subclause (1)(b) 'object of' and substitute 'objects of this Act or'.
In Clause 49 –
- Omit from subclause (2) 'acting' and substitute 'authorised to act'.
In Clause 51 –
- Omit from subclause (2)(d) 'object of' and substitute 'objects of this Act or'.
In Clause 59 –
- Omit from subclause (3) 'Law of Property Act' and substitute 'Property Law Act'.
In Clause 64 -
- Add at the end the following:
- '(6) An electricity officer cannot enter a place under this section unless he or she has complied with the regulations (if any) relating to negotiating with, and obtaining the consent of, the occupier of the place.'.
In Clause 83 –
- Omit from subclause (1)(a) and (b) 'terms or'; and
Omit subclause (2)(e)(ii) and substitute the following:
- '(ii) in the case of a decision to cancel or suspend a licence or to vary the conditions of a licence – within 14 days after the decision is given;'.
In Clause 84 –
- Insert after subclause (1) the following:
- '(1A) An appeal may only be made on the grounds that –
- (a) there has been bias; or
(b) the facts on which the decision is based have been misinterpreted in a material respect.'.
- Omit from subclause (7) 'The amount' and substitute 'The financial contribution';
Insert in subclause (8) 'referred to in subsection (7)' after 'contribution' (first occurring); and
Omit from subclause (9) 'Land Title Act' and substitute 'Real Property Act'.
In Clause 89 –
- Add at the end the following:
- '(2) If a person in whose favour an exemption is given profits from contravention of a condition of the exemption, the Utilities Commission may recover an amount equal to the profit from the person –
- (a) on application to a court on it finding the person guilty of an offence against this section; or
(b) by action in a court of competent jurisdiction.'.
- In Clause 90 –
Add at the end the following:
- '(2) If a person referred to in subsection (1) profits from contravention of a direction given under that subsection, the Utilities Commission may recover an amount equal to the profit from the person –
- (a) on application to a court on it finding the person guilty of an offence against this section; or
(b) by action in a court of competent jurisdiction.'.
- Insert in subclause (1) 'or customer of a prescribed class' before 'under a licence'; and
Omit subclause (4) and substitute the following:
'(4) The electricity entity must distribute a copy of the summary to each of its customers.'.
In clause 92 –
- Omit from subclause (1) ' under the Utilities Commission Act code'.
In Clause 107 –
- Insert in subclauses (1) and (2) 'or any penalty' after 'damages';
Omit from subclause (2) 'unless the irregular or fluctuating voltage' and substitute 'or because of a frequency deviation unless the irregular or fluctuating voltage or the frequency deviation'; and
Add at the end the following:
- '(3) An electricity entity may enter into an agreement with a person varying or excluding the operation of this section and this section, to the extent of the agreement, does not apply.'.
In Clause 108 –
- Omit from subclause (1) all words after 'act or omission' and substitute 'in the exercise or discharge, or purported exercise or discharge, of a power, function or duty under this Act unless the act or omission is done or made in bad faith or through negligence.'; and
Omit subclause (2) and substitute the following:
- '(2) In subsection (1), a person engaged in the administration or enforcement of this Act includes a system controller and a person referred to in section 38(4) when exercising a power or performing a function under section 38.'.
In Clause 109 –
- Omit subclause (4)(a).
In Clause 111 -
- Insert after subclause (2)(f) the following:
- '(g) provide for the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence against this Act or regulations made under this Act and for the service of a notice relating to payment of the amount on a person alleged to have committed the offence and the particulars to be included in that notice; and';
- '(3A) The Regulations may provide that any act or thing, or kind of act or thing, of or relating to an electricity entity or a related body corporate of an electricity entity is authorised for a particular period for the purposes of Part IV of the Trade Practices Act 1974 of the Commonwealth.';
In Clause 113 –
- Omit from subclause (4) '(other than by-laws 4, 5, 19, 19A, 19B, 19C, 20 and 26)'.
Bill, as amended, agreed to.
Bill to be reported with amendments.
Utilities Commission Bill 1999 (Serial 211):
Bill, by leave, taken as a whole.
Schedule of amendments No. 58 standing in the name of the Attorney-General (Mr Reed) were taken together, by leave, and agreed to after debate -
Clause 2 negatived.
In Clause 5 –
- Add at the end the following:
- '(3) Subsection (2) does not apply to an authority of the Territory granted a licence under the Electricity Reform Act.'.
In Clause 6 –
- Omit subclause (2) and substitute the following:
- '(2) The Utilities Commission is constituted –
(a) by the Utilities Commissioner; or
(b) if a person is appointed as an Associate Utilities Commissioner under section 12 – by the Utilities Commissioner and the Associate Utilities Commissioner.'.
- Insert in subclause (1)(a) 'for providing services in' before 'regulated industries';
Omit subclause (1)(h); and
Omit from subclause (2)(h) 'government' and substitute 'regulated infrastructure'.
Insert after clause 9 the following:
- '9A. Proceedings of Utilities Commission when constituted by more than one member
- (1) If the Utilities Commission is constituted under section 6(2)(b), then this section applies.
(2) The Utilities Commission may hold meetings when and where it decides.
(3) The Utilities Commissioner is the chairperson of the Utilities Commission.
(4) The Utilities Commissioner –
- (a) may call a meeting of the Utilities Commission at any time; and
(b) must call a meeting if requested to do so by another member.
- (a) a majority of the members constitute a quorum;
(b) a question is decided by a majority of the members present and voting; and
(c) a member present at the meeting has a vote on each question to be decided and, if the votes are equal, the chairperson has a casting vote.
- Omit from subclause (8)(b) 'incapacity' and substitute 'physical or mental incapacity'.
In Clause 12 –
- Omit subclause (6) and substitute the following:
- '(6) The Administrator may suspend an Associate Utilities Commissioner from office for –
- (a) misconduct;
(b) physical or mental incapacity to perform satisfactorily the Associate Utilities Commissioner's functions; or
(c) material contravention of or failure to comply with the requirements of this or any other Act.
(8) If a statement has been tabled in the Legislative Assembly under subsection (7), the Assembly may, within 6 sitting days of the Assembly, by resolution, declare that the Associate Utilities Commissioner ought to be restored to office and the Administrator must terminate the suspension.
(9) If, at the expiration of the 6 sitting days of the Legislative Assembly, the Assembly has not passed a resolution under subsection (8), the Administrator must remove the Associate Utilities Commissioner from office.
(10) An Associate Utilities Commissioner may only be removed or suspended from office as provided in this section.'.
- Omit from subclause (1) all words after 'of the Utilities Commissioner'.
In Clause 18 –
- Insert in subclauses (1) and (2) 'or Associate Utilities Commissioner' after 'Acting Utilities Commissioner' (wherever occurring);
Omit from subclause (1) 'Commissioner must' and substitute 'Commission must'; and
Omit from subclause (4) all words after 'of the Utilities' and substitute 'Commission.'.
In Clause 20 -
- Omit from subclause (1)(a) ',conditions relating to prices and price-fixing factors'.
In Clause 21 –
- Omit from subclause (1) ',conditions or factors'.
In Clause 23 –
- Omit subclause (5)(b).
In Clause 24 –
- Omit from subclause (1) all words after 'licensed entities'.
In Clause 26 –
- Omit from subclause (1) 'Part' and substitute 'Act or a relevant industry regulation Act'.
In Clause 27 -
- Insert in subclause (1)(a) 'or a person to whom' after 'to which';
Omit from subclause (1)(c) 'that the person claimed to be confidential information';
Insert after subclause (1) the following:
- '(1A) An application cannot be made under subsection (1)(a) in respect of a determination –
- (a) that may be reviewed under the relevant industry regulation Act under which it was made; or
(b) that is declared to be final under the relevant industry regulation Act under which it was made.'; and
Omit from subclause (2)(e) '14' and substitute '28'.
- Insert 'or decision' after 'determination' (twice occurring).
Insert after clause 44 the following:
- '45. Savings and transitional
- '(1) If –
- (a) the Utilities Commission takes any action to enable the Utilities Commission to perform functions under, or obligations imposed by, a provision of this Act or the electricity legislation before the provision comes into force in anticipation of the provision coming into force; and
(b) the action was taken so far as reasonably practicable in accordance with the provision (as though the provision was in force at the time the action was taken),
(2) Any action taken by the Interim Utilities Commissioner that is subsequently ratified by the Utilities Commission is to be taken to have been taken by the Utilities Commission for the purposes of this section.
(3) For the avoidance of doubt –
- (a) in making any determination or decision or taking any action under this Act or the electricity legislation – the Utilities Commission may rely on any action by the Utilities Commission or the Interim Utilities Commissioner contemplated by subsection (1) or (2); and
(b) the Utilities Commission may treat any submission, application, approval, statement or document ("the application") made or given by a person to the Utilities Commission or the Interim Utilities Commissioner in anticipation of a provision of this Act or the electricity legislation coming into force as having been made to the Utilities Commission after the relevant provision comes into force and the Utilities Commission may take action under this Act or the electricity legislation on the basis of the application or taking into account the application.
- "electricity legislation" means the Electricity Reform Act, the Electricity Networks (Third Party Access) Act, the Network Access Code and any instrument of a legislative or administrative character made, granted or issued under, or contemplated by, those Acts or the Code;
"Interim Utilities Commissioner" means the person appointed by the Minister to undertake the role of the independent industry regulator before the establishment of the Utilities Commission.'.
Bill, as amended, agreed to.
Bill to be reported with amendments.
Electricity Networks (Third Party Access) Bill 1999 (Serial 212):
Bill, by leave, taken as a whole.
Schedule of amendments No. 59 standing in the name of the Attorney-General (Mr Reed) were taken together, by leave, and agreed to, after debate -
Clause 2 negatived.
Insert after clause 1 the following:
- '2. Commencement
- The provisions of this Act come into operation on the date, or respective dates, fixed by the Administrator by notice in the Gazette.'.
In Clause 5 -
- Omit subclause (3)(b) and substitute the following:
- '(b) the Commonwealth Minister must have decided under Part IIIA of the Trade Practices Act 1974 of the Commonwealth that the Network Access Code is an effective access regime for the networks referred to in subsection (2).'.
In Clause 11 –
- Omit subclause (3)(b) and substitute the following:
- '(b) the Commonwealth Minister must have decided under Part IIIA of the Trade Practices Act 1974 of the Commonwealth that the Network Access Code is an effective access regime for the networks referred to in subsection (2).'.
In Clause 13 –
- Omit from subclause (1) 'electricity networks' and substitute 'network access services'.
Clauses 14 and 15 negatived.
In Clause 16 –
- Insert in subclause (1) 'Part 3' after 'made under';
Omit from subclause (2) 'on a question of law'; and
Insert after subclause (2) the following:
- '(2A) An appeal may only be made on the grounds that –
- (a) there has been bias; or
(b) the facts on which the decision is based have been misinterpreted in a material respect.'.
- '16A. Powers of arbitrator
- (1) An arbitrator appointed under the Network Access Code may do any of the following things for the purpose of arbitrating an access dispute:
(a) give a direction in the course of, or for the purposes of, an arbitration hearing;
(b) summon a person to appear before the arbitrator to give evidence and to produce documents (if any) referred to in the summons;
(c) hear and determine the arbitration in the absence of a person who has been summoned or served with a notice to appear;
(d) give an oral or written order to a person not to divulge or communicate to anyone else specified information that was given to the person in the course of an arbitration, unless the person has the arbitrator’s permission;
(e) generally give directions and do things that are necessary or expedient for the speedy hearing and determination of the access dispute.
(2) A person must not do an act or thing in relation to the arbitration of an access dispute that would be a contempt of court if the arbitrator were a court of record.
Penalty: 500 penalty units.
(3) Subsection (1) has effect subject to any other provision of the Network Access Code or the Regulations.
(4) A person who in accordance with the Regulations is served with a summons to appear as a witness before an arbitrator must not, without reasonable excuse, fail to –
(a) attend as required by the summons; or
(b) appear and report himself or herself from day to day unless excused or released from further attendance by the arbitrator.
- Penalty: 500 penalty units.
(a) threaten, intimidate or coerce another person; or
(b) cause or procure damage, loss or disadvantage to another person,
because the other person –
(c) proposes to produce, or has produced, documents to an arbitrator; or
(d) proposes to appear or has appeared as a witness before an arbitrator.
Penalty: 500 penalty units.
(6) An award made by the arbitrator takes effect as a contract between the network user and the network provider and, subject to the provisions of the Network Access Code, is binding on the parties to the arbitration in which it is made.'.
- Insert in subclause (1) after paragraph (f) the following:
- '(g) suspending rights under, or terminating, an access agreement or access award.'.
In Clause 23 -
- Omit from subclause (1) 'under the Network Access Code' and substitute ' under the Network Access Code or this Act'.
In Clause 27 –
- Omit subclause (2) and insert the following:
- '(2) No liability attaches to a network provider, or an officer or employee of a network provider, for an act or omission done –
- (a) in the exercise or performance, or purported exercise or performance, of a power or function under the Network Access Code; or
(b) in providing or not providing a network access service under an access agreement or access award,
- unless it is done or made in bad faith.'.
Insert after Clause 27 the following:
- '27A. Declaration as regulated industry
- The electricity networks industry is declared to be a regulated industry for the purposes of the Utilities Commission Act.'.
In Clause 28 –
- Omit from subclause (2)(b) ', in accordance with the Regulations, demand' and substitute 'require'.
Bill, as amended, agreed to.
Bill to be reported with amendments.
Power and Water Authority Amendment Bill 1999 (No. 2) 1999 (Serial 213):
Bill, by leave, 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 and agreed to the following Bills –
Utilities Commission Bill 1999 (Serial 211), with amendments;
Electricity Networks (Third Party Access) Bill 1999 (Serial 212), with amendments;
Power And Water Authority Amendment Bill 1999 (No. 2) 1999 (Serial 213).
On the motion of the Treasurer (Mr Reed) the Bills were read a third time and passed to be proposed laws.
- The Order of the Day having been read for resumption of debate on the question – That the Assembly take note of the Report -
Debate resumed.
Question – put and passed.
16. AUDITOR-GENERAL’S REPORT TO THE LEGISLATIVE ASSEMBLY ON THE 1998/99 TREASURE’S ANNUAL FINANCIAL STATEMENT – REPORT NOTED:
- The Order of the Day having been read for resumption of debate on the question – That the Assembly take note of the Report -
Debate resumed.
Question – put and passed.
17. ADJOURNMENT:
- The Leader of Government Business (Mr Palmer) moved – That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Katherine (Mr Reed) laid on the Table the following Paper –
Debate continued.
Question –put and passed.
And the Assembly adjourned at 19:11 h until 10:00 h on Tuesday 9 May 2000 or such other time and or date as may be set by Mr Speaker, pursuant to Sessional Order.
PAPERS TABLED:
The following Papers were deemed to have been presented on Thursday 2 March 2000 –
Annual Reports:
Department of Asian Relations and Trade, 1999 (Paper 1745)
National Crime Authority, 1998/99 (Paper 1759)
Northern Territory Electrical Workers and Contractors Licensing Board, 1996/97 (Paper 1746)
Northern Territory Electrical Workers and Contractors Licensing Board, 1997/98 (Paper 1747)
Northern Territory Electrical Workers and Contractors Licensing Board, 1998/99 (Paper 1748)
Northern Territory Government and Public Authorities Superannuation Scheme, 1998/99 (Paper 1758)
Northern Territory Plumbers and Drainers Licensing Board, 1996/97 (Paper 1749)
Northern Territory Plumbers and Drainers Licensing Board, 1997/98 (Paper 1750)
Northern Territory Plumbers and Drainers Licensing Board, 1998/99 (Paper 1751)
Territory Insurance Office, 1999 (Paper 1744)
Financial Management Act
Direction - Transfer of excess Allocations between Activities, in pursuance of section 20(1)(a), dated 31 January 2000 (Paper 1760)
Increase of Treasurer's Advance, in pursuance of section 19(1), dated 31 January 2000 (Paper 1763)
Variation of Allocation to Activity, in pursuance of section 23(1), dated 24 December 1999 (Paper 1761)
Variation of Allocation to Activity, in pursuance of sections 23(1), dated 6 January 2000 (Paper 1762)
Coroners Report, Inquest into the death of Waniyun Marika (Paper 1752)
Regulations, No. 10, Amendments of Local Court Regulations (Paper 1753)
Regulations, No. 11, Amendment of Sheriff Regulations (Paper 1754)
Regulations, No. 12, Residential Tenancies Regulations (Paper 1755)
Regulations, No. 13, Amendment of Justices (Territory Infringement Notices Enforcement Scheme) Regulations
(Paper 1756)
ATTENDANCE:
All Members attended the sitting.
Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016