Minutes of Proceedings - 1994-05-11
Sixth Assembly First Session 10/05/1994 Parliamentary Record No. 26
__________________________________________________________________________________
Date : 11/05/1994__________________________________________________________________________________
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. PETITION:
The Member for Nelson (Mrs Padgham-Purich) presented a petition from 955 citizens of the Northern Territory requesting the Assembly to review
proposals to privatise some of the operations of the Howard Springs Reserve and to charge a gate toll.
Petition read.
4. NOTICES:
The following notices were given:
Mr Reed: To present the Fisheries Amendment Bill 1994 (Serial 339).
Mr Poole: To present the Territory Insurance Office Amendment Bill 1994 (Serial 329).
Mr Perron: To present the Police Administration Amendment Bill (No. 3) 1994 (Serial 338).
5. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Paper -
Table, Average Occupancy Rates and Average Unit Occupancy.
Supplementary answer:
Paper tabled: The Attorney-General (Mr Manzie) laid on the Table the following Paper relating to an answer given this
day to the Member for Macdonnell (Mr Bell) -
Northern Territory Charter for Victims of Crime.
6. MATTER OF PUBLIC IMPORTANCE - TOURISM AND DEVELOPMENT OF INFRASTRUCTURE:
The Speaker informed the Assembly that the Member for Millner (Mr Parish) had proposed that the following matter
of public importance be submitted to the Assembly for discussion this day:
"the desperate need in the Northern Territory for:
(a) productive development and expedited construction of urban infrastructure in Darwin and
Alice Springs that will promote a unique atmosphere and identity conducive to continuing
strong growth in the tourist industry; and
(b) urgent action to enhance Wet and Shoulder season special events and attractions to boost
industry viability and reduce seasonal fluctuations which continue to hamper the development
of the Territory's vital tourism industry."
And the proposed discussion having received the necessary support: The Speaker called on Mr Parish to address the Assembly.
Discussion ensued.
____________________
Suspension of sitting: The sitting was suspended between 11.43 a.m. and 2.04 p.m.
____________________
Discussion resumed.
Papers tabled: The Minister for Lands, Housing and Local Government (Mr Hatton) laid on the Table the following Papers -
Graph, N.T.'s Market Share of International Arrivals to Australia 1983/84 to 1992/93;
Graph, Room Occupancy Rates - Hotels/Motels & Guest Houses; Darwin City;
Graph, Hotels, Motels and Guest Houses with Facilities, Northern Territory;
Graph, Annual Visitors to the Northern Territory, June 1987 - December 1993;
Graph, Visitor Nights consumed by European Visitors to the NT;
Graph, Visitor Nights consumed by Japanese Visitors, March Quarter - December Quarter 1993; and
Book, Darwin - A Tropical City, Achieving the Vision.
Discussion continued.
Discussion concluded.
7. DOMESTIC VIOLENCE AMENDMENT BILL 1994 (Serial 331):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Domestic Violence 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.
8. CHOICE OF LAW (LIMITATION PERIODS) BILL 1994 (Serial 332):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act relating to limitation periods
for choice of law purposes.
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. CRIMINAL CODE AMENDMENT BILL (No. 2) 1994 (Serial 333):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
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. STATE BANK OF SOUTH AUSTRALIA (TRANSFER OF UNDERTAKING) BILL 1994 (Serial 334):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to provide for the transfer of
part of the undertaking of the State Bank of South Australia to a company formed to carry on the business of
banking under the law of the Commonwealth, and for other purposes.
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.
11. MISUSE OF DRUGS AMENDMENT BILL 1994 (Serial 336); and POLICE ADMINISTRATION AMENDMENT BILL (No. 2) 1994 (Serial 337):
Suspension of Standing Orders - Take two Bills together: The Attorney-General (Mr Manzie) moved - That so much of
Standing Orders be suspended as would prevent two Bills, namely the Misuse of Drugs Amendment Bill 1994 (Serial 336)
and the Police Administration Amendment Bill (No. 2) 1994 (Serial 337) -
(a) being presented and read a first time together and one motion being put in regard to, respectively,
the second readings, the Committee's report stage, and the third readings of the Bills together; and
(b) the consideration of the Bills separately in the Committee of the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Manzie presented a Bill for an Act to amend the Misuse of Drugs Act; and a Bill for an Act to amend the Police Administration Act.
Bills read a first time.
Mr Manzie moved - That the Bills be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
12. DIRECTOR OF PUBLIC PROSECUTIONS AMENDMENT BILL 1994 (Serial 335):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Director of Public Prosecutions 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.
13. SUMMARY OFFENCES AMENDMENT BILL (No. 2) 1994 (Serial 340):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Summary Offences 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.
14. FINANCIAL AGREEMENT BETWEEN THE COMMONWEALTH, STATES AND TERRITORIES (APPROVAL) BILL 1994 (Serial 372):
The Treasurer (Mr Coulter), pursuant to notice, presented a Bill for an Act to approve an agreement between the Commonwealth, the States,
the Territory and the Australian Capital Territory with respect to public debts.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
15. SENTENCING BILL 1994 (Serial 325): and SENTENCING (CONSEQUENTIAL AMENDMENTS) BILL 1994 (Serial 326):
The order of the day having been red for the resumption of the debate on the question - That the Bill be now read a second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
The Attorney-General (Mr Manzie) moved - That the Committee stages be later taken.
Question - put and passed - Committee stages made an order of the day for a later hour.
16. SUMMARY OFFENCES AMENDMENT BILL 1994 (Serial 312):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
17. NATIONAL CRIME AUTHORITY (TERRITORY PROVISIONS) AMENDMENT BILL 1994 (Serial 313):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mr Collins)
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to, after debate -
Omit the item relating to section 20(1) and substitute the following:
Section 20(1) "in chambers" "in chambers or a Judge of the Supreme Court".
Bill, as amended, agreed to.
Bill to be reported with an amendment.
___________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mr Collins) 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.
18. PERPETUITIES BILL 1994 (Serial 307); and TRUSTEE AMENDMENT BILL (No. 2) 1994 (Serial 308):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mr Collins)
Perpetuities Bill 1994 (Serial 307):
Bill, by leave, taken as a whole.
Debate ensued.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Omit clause 4(1) and insert in its stead the following:
"(1) This Act applies in relation to a settlement taking effect before or after the commencement of this Act.".
On the motion of Mr Manzie the following further amedment was agreed to -
Omit from clause 15 the definition of "fund" and insert in its stead the following:
"'fund' means -
(a) a provident, superannuation, retirement, sickness, accident, assurance, unemployment,
pension or co-operative benefit fund, scheme, arrangement or provision; or
(b) a fund, scheme, arrangement or provision for the education of children, for payments
based on employment service or for long service leave (where money is taken in lieu
of leave),
and includes any like fund, scheme, arrangement or provision;".
Bill, as amended, agreed to.
Bill to be reported with amendments.
Trustee Amendment Bill (No. 2) 1994 (Serial 308):
Bill, by leave, taken as a whole, and agreed to.
Bill to be reported without amendment.
____________________
The Deputy Speaker (Mr McCarthy) resumed the Chair; the Deputy Chairman (Mr Collins) reported that the Committee had
considered the Bills and had agreed to - the Perpetuities Bill 1994 (Serial 307) with amendments; and the Trustee
Amendment Bill (No. 2) 1994 (Serial 308) without amendment; and the reports were adopted.
On the motion of the Attorney-General (Mr Manzie) the Bills were read a third time and passed to be proposed laws.
19. MOTOR VEHICLES AMENDMENT BILL 1994 (Serial 319):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mr Collins)
Bill, by leave, taken as a whole and agreed to, after debate.
Bill to be reported without amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly; and the report was adopted.
The Minister for Transport and Works (Mr Manzie) 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.
20. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper -
O3 vs. AIDS, The Abbreviated History and Suppression of Ozone Therapy in the United States as
of August 1993 or A Proven, Documented, and Successful Treatment for Aids and Other Diseases
Meets the Institutional Wall, by Ed McCabe.
Question - put and passed.
The Assembly adjourned at 7.58 p.m. until tomorrow at 10.00 a.m.
____________________
ATTENDANCE:
All Members attended the sitting.
__________________________________________________________________________________
Date : 11/05/1994
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. PETITION:
The Member for Nelson (Mrs Padgham-Purich) presented a petition from 955 citizens of the Northern Territory requesting the Assembly to review
proposals to privatise some of the operations of the Howard Springs Reserve and to charge a gate toll.
Petition read.
4. NOTICES:
The following notices were given:
Mr Reed: To present the Fisheries Amendment Bill 1994 (Serial 339).
Mr Poole: To present the Territory Insurance Office Amendment Bill 1994 (Serial 329).
Mr Perron: To present the Police Administration Amendment Bill (No. 3) 1994 (Serial 338).
5. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Paper -
Table, Average Occupancy Rates and Average Unit Occupancy.
Supplementary answer:
Paper tabled: The Attorney-General (Mr Manzie) laid on the Table the following Paper relating to an answer given this
day to the Member for Macdonnell (Mr Bell) -
Northern Territory Charter for Victims of Crime.
6. MATTER OF PUBLIC IMPORTANCE - TOURISM AND DEVELOPMENT OF INFRASTRUCTURE:
The Speaker informed the Assembly that the Member for Millner (Mr Parish) had proposed that the following matter
of public importance be submitted to the Assembly for discussion this day:
"the desperate need in the Northern Territory for:
(a) productive development and expedited construction of urban infrastructure in Darwin and
Alice Springs that will promote a unique atmosphere and identity conducive to continuing
strong growth in the tourist industry; and
(b) urgent action to enhance Wet and Shoulder season special events and attractions to boost
industry viability and reduce seasonal fluctuations which continue to hamper the development
of the Territory's vital tourism industry."
And the proposed discussion having received the necessary support: The Speaker called on Mr Parish to address the Assembly.
Discussion ensued.
____________________
Suspension of sitting: The sitting was suspended between 11.43 a.m. and 2.04 p.m.
____________________
Discussion resumed.
Papers tabled: The Minister for Lands, Housing and Local Government (Mr Hatton) laid on the Table the following Papers -
Graph, N.T.'s Market Share of International Arrivals to Australia 1983/84 to 1992/93;
Graph, Room Occupancy Rates - Hotels/Motels & Guest Houses; Darwin City;
Graph, Hotels, Motels and Guest Houses with Facilities, Northern Territory;
Graph, Annual Visitors to the Northern Territory, June 1987 - December 1993;
Graph, Visitor Nights consumed by European Visitors to the NT;
Graph, Visitor Nights consumed by Japanese Visitors, March Quarter - December Quarter 1993; and
Book, Darwin - A Tropical City, Achieving the Vision.
Discussion continued.
Discussion concluded.
7. DOMESTIC VIOLENCE AMENDMENT BILL 1994 (Serial 331):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Domestic Violence 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.
8. CHOICE OF LAW (LIMITATION PERIODS) BILL 1994 (Serial 332):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act relating to limitation periods
for choice of law purposes.
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. CRIMINAL CODE AMENDMENT BILL (No. 2) 1994 (Serial 333):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
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. STATE BANK OF SOUTH AUSTRALIA (TRANSFER OF UNDERTAKING) BILL 1994 (Serial 334):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to provide for the transfer of
part of the undertaking of the State Bank of South Australia to a company formed to carry on the business of
banking under the law of the Commonwealth, and for other purposes.
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.
11. MISUSE OF DRUGS AMENDMENT BILL 1994 (Serial 336); and POLICE ADMINISTRATION AMENDMENT BILL (No. 2) 1994 (Serial 337):
Suspension of Standing Orders - Take two Bills together: The Attorney-General (Mr Manzie) moved - That so much of
Standing Orders be suspended as would prevent two Bills, namely the Misuse of Drugs Amendment Bill 1994 (Serial 336)
and the Police Administration Amendment Bill (No. 2) 1994 (Serial 337) -
(a) being presented and read a first time together and one motion being put in regard to, respectively,
the second readings, the Committee's report stage, and the third readings of the Bills together; and
(b) the consideration of the Bills separately in the Committee of the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Manzie presented a Bill for an Act to amend the Misuse of Drugs Act; and a Bill for an Act to amend the Police Administration Act.
Bills read a first time.
Mr Manzie moved - That the Bills be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
12. DIRECTOR OF PUBLIC PROSECUTIONS AMENDMENT BILL 1994 (Serial 335):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Director of Public Prosecutions 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.
13. SUMMARY OFFENCES AMENDMENT BILL (No. 2) 1994 (Serial 340):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Summary Offences 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.
14. FINANCIAL AGREEMENT BETWEEN THE COMMONWEALTH, STATES AND TERRITORIES (APPROVAL) BILL 1994 (Serial 372):
The Treasurer (Mr Coulter), pursuant to notice, presented a Bill for an Act to approve an agreement between the Commonwealth, the States,
the Territory and the Australian Capital Territory with respect to public debts.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
15. SENTENCING BILL 1994 (Serial 325): and SENTENCING (CONSEQUENTIAL AMENDMENTS) BILL 1994 (Serial 326):
The order of the day having been red for the resumption of the debate on the question - That the Bill be now read a second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
The Attorney-General (Mr Manzie) moved - That the Committee stages be later taken.
Question - put and passed - Committee stages made an order of the day for a later hour.
16. SUMMARY OFFENCES AMENDMENT BILL 1994 (Serial 312):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
17. NATIONAL CRIME AUTHORITY (TERRITORY PROVISIONS) AMENDMENT BILL 1994 (Serial 313):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mr Collins)
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to, after debate -
Omit the item relating to section 20(1) and substitute the following:
Section 20(1) "in chambers" "in chambers or a Judge of the Supreme Court".
Bill, as amended, agreed to.
Bill to be reported with an amendment.
___________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mr Collins) 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.
18. PERPETUITIES BILL 1994 (Serial 307); and TRUSTEE AMENDMENT BILL (No. 2) 1994 (Serial 308):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mr Collins)
Perpetuities Bill 1994 (Serial 307):
Bill, by leave, taken as a whole.
Debate ensued.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Omit clause 4(1) and insert in its stead the following:
"(1) This Act applies in relation to a settlement taking effect before or after the commencement of this Act.".
On the motion of Mr Manzie the following further amedment was agreed to -
Omit from clause 15 the definition of "fund" and insert in its stead the following:
"'fund' means -
(a) a provident, superannuation, retirement, sickness, accident, assurance, unemployment,
pension or co-operative benefit fund, scheme, arrangement or provision; or
(b) a fund, scheme, arrangement or provision for the education of children, for payments
based on employment service or for long service leave (where money is taken in lieu
of leave),
and includes any like fund, scheme, arrangement or provision;".
Bill, as amended, agreed to.
Bill to be reported with amendments.
Trustee Amendment Bill (No. 2) 1994 (Serial 308):
Bill, by leave, taken as a whole, and agreed to.
Bill to be reported without amendment.
____________________
The Deputy Speaker (Mr McCarthy) resumed the Chair; the Deputy Chairman (Mr Collins) reported that the Committee had
considered the Bills and had agreed to - the Perpetuities Bill 1994 (Serial 307) with amendments; and the Trustee
Amendment Bill (No. 2) 1994 (Serial 308) without amendment; and the reports were adopted.
On the motion of the Attorney-General (Mr Manzie) the Bills were read a third time and passed to be proposed laws.
19. MOTOR VEHICLES AMENDMENT BILL 1994 (Serial 319):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mr Collins)
Bill, by leave, taken as a whole and agreed to, after debate.
Bill to be reported without amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly; and the report was adopted.
The Minister for Transport and Works (Mr Manzie) 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.
20. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper -
O3 vs. AIDS, The Abbreviated History and Suppression of Ozone Therapy in the United States as
of August 1993 or A Proven, Documented, and Successful Treatment for Aids and Other Diseases
Meets the Institutional Wall, by Ed McCabe.
Question - put and passed.
The Assembly adjourned at 7.58 p.m. until tomorrow at 10.00 a.m.
____________________
ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016