Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1994-06-27

Seventh Assembly First Session 27/06/1994 Parliamentary Record No. 1
__________________________________________________________________________________

Date : 27/06/1994
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The First Session of the Seventh Legislative Assembly of the Northern Territory began and held in the
Legislative Assembly Chamber, Darwin, on Monday the twenty-seventh day of June, One thousand nine
hundred and ninety-four.

1. On which day, being the first day of the meeting of the First Session of the Seventh
Legislative Assembly of the Northern Territory for the despatch of business pursuant
to a Notice published in the Northern Territory Government Gazette S39 of 17 June 1994,
Ian Bruce McNeill, Clerk of the Assembly; John Edward Pollock, Deputy Clerk;
Graham Phillip Gadd, Clerk-Assistant; and Helen Mary Allmich, Serjeant-at-Arms,
attending in the said place according to their duty -

And Members having taken their seats -

The Notice calling the Legislative Assembly together was read by the Clerk, as follows:

COMMONWEALTH OF AUSTRALIA

Northern Territory (Self-Government) Act 1978 of the Commonwealth

NOTICE APPOINTING THE TIME FOR THE HOLDING OF THE FIRST
SESSION OF THE SEVENTH LEGISLATIVE ASSEMBLY

I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of Australia -

(a) in pursuance of section 22(1) of the Northern Territory (Self-Government) Act 1978 of the
Commonwealth and section 33 of the Acts Interpretation Act 1901 of the Commonwealth,
revoke the notice appointing the time for the holding of the first session of the seventh
Legislative Assembly of the Northern Territory of Australia dated 10 June 1994 and
published in Gazette S38 of 14 June 1994; and

Page 1

(b) in pursuance of section 22(1) of the Northern Territory (Self-Government) Act 1978 of
the Commonwealth, appoint 10 o'clock in the forenoon of Monday, 27 June 1994, as
the time for the commencement of the first session of the seventh Legislative
Assembly of the Northern Territory of Australia, to be held in the Legislative
Assembly Chamber, Darwin.

Dated this 15th day of June 1994.

AUSTIN ASCHE
Administrator.

(Paper No. 1)

2. APPROACH OF THE DEPUTY OF THE ADMINISTRATOR:
The approach of the Deputy of His Honour the Administrator was announced by the
Serjeant-at-Arms.
The Honourable Sir William John Francis Kearney, CBE, Judge of the Supreme Court of
the Northern Territory of Australia, entered the Chamber and took the Chair.
The Deputy addressed Members of the Assembly as follows:

Members of the Legislative Assembly, pray be seated -

Members of the Legislative Assembly, His Honour the Administrator, not thinking fit to
be present in person at this time, has been pleased to appoint me his Deputy to do in
his name all that is necessary to be performed in declaring this Assembly open, as will be
more fully explained from my Commission which will now be read by the Clerk.

The Honourable Sir William John Francis Kearney, CBE, produced his Commission
appointing him as the Deputy of the Administrator - which was then read by the Clerk as
follows:

The Clerk read the Commission as follows:

COMMONWEALTH OF AUSTRALIA

His Honour the Administrator of the Northern Territory of Australia,

To: The Honourable William John Francis Kearney, CBE, Judge of the Supreme Court
of the Northern Territory of Australia,

Greeting:

WHEREAS by section 41 of the Northern Territory (Self-Government) Act 1978 the
Administrator may appoint a person, or persons jointly or severally, to be his deputy
or deputies in the Territory, or a part of the Territory, and in that capacity to exercise
during the pleasure of the Administrator such powers and functions of the
Administrator as he assigns to the deputy or deputies:

AND WHEREAS, by notice dated 15th June 1994 and published in the Northern
Territory Government Gazette No. S39 on 17 June 1994, I appointed Monday 27 June

Page 2

1994 as the day for the Legislative Assembly of the Northern Territory of
Australia to assemble for the despatch of business; and all members of the Legislative
Assembly are required to give their attendance accordingly at the Legislative
Assembly Chamber, Darwin, in the Northern Territory of Australia, at 10 o'clock in the
forenoon of that day:

NOW THEREFORE I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern
Territory of Australia, appoint you to be my deputy within the Northern Territory of
Australia to declare open the Legislative Assembly at the time and place appointed by
that notice.

Given under my hand and the Public Seal of the Northern Territory of Australia, this 21st
day of June, One thousand nine hundred and ninety-four.

(Sgd) AUSTIN ASCHE
Administrator.
(Paper No. 2)

3. COMMISSION TO ADMINISTER OATHS OR AFFIRMATIONS:
The Deputy further addressed Members of the Assembly as follows:

Members of the Legislative Assembly:

His Honour the Administrator desires me to inform you that, after all Members present
shall have been sworn, the causes of His Honour calling this Assembly together will be
declared by him in person at this place; and it being necessary that a Speaker of the
Legislative Assembly shall be first chosen, you, Members of the Legislative Assembly,
will proceed to choose some proper person to be your Speaker; and later this day
the person whom you shall so choose will present himself to His Honour at such time
and place as His Honour shall appoint.

The Deputy produced his Commission to administer to Members the Oaths or
Affirmations of Allegiance and of Office, and directed the Clerk to read the same - Which
was then read as follows:

COMMONWEALTH OF AUSTRALIA

His Honour the Administrator of the Northern Territory of Australia.

To: The Honourable William John Francis Kearney, CBE, Judge of the Supreme
Court of the Northern Territory of Australia.

Greeting:

WHEREAS by section 13 of the Northern Territory (Self-Government) Act 1978 it is,
amongst other things, enacted that every Member of the Legislative Assembly shall,
before taking his seat, make and subscribe before the Administrator, or a person
authorized by the Administrator, an oath or affirmation of allegiance in the form in
Schedule 2 to the Northern Territory (Self-Government) Act 1978 and an oath or
affirmation of office in the form in Schedule 3 to that Act:

Page 3

NOW THEREFORE I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern
Territory of Australia, command and authorize you to attend at the Legislative
Assembly Chamber, Darwin, on Monday 27 June 1994 on the opening of the Assembly
at 10 o'clock in the forenoon of that day and there and then to administer those oaths or
affirmations to such Members of the Legislative Assembly as are present.

Given under my hand and the Public Seal of the Northern Territory of Australia, this 21st
day of June, One thousand nine hundred and ninety-four.

(Sgd) AUSTIN ASCHE
Administrator.
(Paper No. 3)

4. RETURNS TO WRITS - PAPERS TABLED:
The Clerk produced and laid on the Table the Returns to Writs for the election of
Members of the Legislative Assembly held on 4 June 1994, and the following Members
named in the returns made and subscribed the oaths or affirmations required by law:

Maurice Joseph Rioli - Arafura
Eric Houguet Poole - Araluen
Wesley Wagner Lanhupuy - Arnhem
Maggie Anne Hickey - Barkly
Loraine Margaret Braham - Braitling
Denis Gabriel Burke - Brennan
Peter Francis Adamson - Casuarina
Marshall Bruce Perron - Fannie Bay
Terence Robert McCarthy - Goyder
Richard Soon Huat Lim - Greatorex
Richard Alfred Setter - Jingili
Michael James Palmer - Karama
Michael Anthony Reed - Katherine
Frederick Arthur Finch - Leanyer
Neil Randal Bell - Macdonnell
Philip Anthony Mitchell - Millner
Cecilia Noel Padgham-Purich - Nelson
Sydney James Stirling - Nhulunbuy
Stephen Paul Hatton - Nightcliff
Barry Francis Coulter - Palmerston
Shane Leslie Stone - Port Darwin
Daryl William Manzie - Sanderson
Brian Richard Ede - Stuart
Timothy Denney Baldwin - Victoria River
John Derek Bailey - Wanguri

The Honourable Sir William John Francis Kearney, CBE, then withdrew from the
Chamber. (Paper No. 4)

Page 4

5. ELECTION OF SPEAKER:
The Chief Minister (Mr Perron) addressing the Clerk reminded the Assembly that the
time had come when it was necessary for the Assembly to choose one of its Members to
be Speaker and then proposed to the Assembly for its Speaker the Member for
Goyder, Mr McCarthy, and moved - That the Member for Goyder do take the Chair as
Speaker.

Which motion was seconded by the Treasurer (Mr Coulter) and Mr McCarthy accepted
the nomination.

The Leader of the Opposition (Mr Ede) proposed to the Assembly for its Speaker
the Member for Nhulunbuy, Mr Stirling, and moved - That the Member for Nhulunbuy
do take the Chair as Speaker.

Which motion was seconded by the Deputy Leader of the Opposition (Mrs Hickey)
and Mr Stirling accepted the nomination.

The time for proposals having expired the Assembly then proceeded to ballot.

Ballot conducted - scrutineers Mr Bailey and Mr Baldwin.

The Clerk announced the result of the ballot as follows:

Mr McCarthy (Goyder)....... 18 votes
Mr Stirling (Nhulunbuy)........ 7 votes

and declared the Member for Goyder elected as Speaker in accordance with
Standing Orders.

Members having offered congratulations to Mr Speaker - Mr Speaker thanked the
Assembly for the high honour it had conferred upon him and thereupon took the Chair.

6. PRESENTATION OF SPEAKER TO ADMINISTRATOR:
The Speaker invited honourable Members to accompany him to Committee Room 2
where he would present himself to His Honour the Administrator as the choice of the
Assembly as its Speaker.
_____________________

Suspension of sitting: The sitting was suspended between 10.32 and 10.47 a.m.
_____________________

The Assembly having resumed -

The Speaker reported that, accompanied by Honourable Members, he had presented
himself to His Honour the Administrator as the choice of the Assembly for its Speaker
and His Honour was pleased to congratulate him upon his appointment as Speaker.

Page 5

7. SPEAKER'S COMMISSION TO ADMINISTER OATHS AND AFFIRMATIONS -
PAPER TABLED:
The Speaker announced that he had received from His Honour the Administrator the
following Commission to administer to Members Oaths or Affirmations of Allegiance
and of Office, which was laid upon the Table and read by the Clerk:
The Commission was read by the Clerk as follows:

COMMONWEALTH OF AUSTRALIA

His Honour the Administrator of the Northern Territory of Australia.

To: The Honourable Terence Robert McCarthy, MLA

GREETING:

WHEREAS by section 13 of the Northern Territory (Self-Government) Act 1978 it is,
amongst other things, enacted that every member of the Legislative Assembly shall,
before taking his seat, make and subscribe before the Administrator, or a person
authorized by the Administrator, an oath or affirmation of allegiance in the form in
Schedule 2 to the Northern Territory (Self-Government) Act 1978 and an oath or
affirmation of office in the form in Schedule 3 to that Act:

NOW THEREFORE I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern
Territory of Australia, command and authorize you from time to time, in the
Legislative Assembly Chamber, Darwin, to administer those oaths or
affirmations to such members of the Legislative Assembly as have not already taken
and subscribed them since their election to the Assembly.

Given under my hand and the Public Seal of the Northern Territory of Australia, this
twenty-seventh day of June, one thousand nine hundred and ninety-four.

(Sgd) AUSTIN ASCHE
Administrator.
(Paper No. 5)

8. APPROACH OF HIS HONOUR THE ADMINISTRATOR:
The approach of His Honour the Administrator was announced by the Serjeant-at-Arms.

9. HIS HONOUR'S OPENING ADDRESS:
His Honour the Administrator entered the Chamber, Mr Speaker left the Chair and His
Honour, having taken the Chair delivered his Address declaring the causes of his
calling the Assembly together.

(Text of Speech appears in Hansard)

Upon completing his Address to the Assembly, His Honour was pleased to present the
Speaker with a copy of his Address and retired from the Chamber, led by the
Serjeant-at-Arms. (Paper No. 6)
The Speaker resumed the Chair.

Page 6

10. PRAYERS.

11. MINISTRY AND ADMINISTRATIVE ARRANGEMENTS - MINISTERIAL STATEMENT:
The Chief Minister (Mr Perron), by leave, made a statement informing the Assembly of
Ministers and the administrative arrangements of the Government as follows:

MINISTERS, MINISTRIES AND ADMINISTRATIVE ARRANGEMENTS

HON. M.B. PERRON
. Chief Minister;
. Minister for Police, Fire and Emergency Services.

HON. B.F. COULTER
. Treasurer;
. Minister for Tourism;
. Minister for Conservation.

HON. S.L. STONE
. Minister for Asian Relations and Trade;
. Minister for Industries and Development;
. Minister for Mines and Energy;
. Minister for Ethnic Affairs;
. Minister for the Arts.

HON. S.P. HATTON
. Minister for Aboriginal Development;
. Minister for Lands, Housing and Local Government.

HON. F.A. FINCH
. Minister for Education and Training;
. Minister for Public Employment.

HON. D.W. MANZIE
. Attorney-General;
. Minister for Transport and Works.

HON. M.A. REED:
. Minister for Health and Community Services;
. Minister for Primary Industry and Fisheries.

HON. E.H. POOLE
. Minister for Correctional Services;
. Minister for Sport and Recreation
. Minister for Work Health and Territory Insurance;
. Minister Assisting the Chief Minister on Central Australian Matters.

Page 7

OFFICE HOLDERS

HON. B.F. COULTER: Deputy Chief Minister and Manager of Government Business.
MR T.D. BALDWIN: Government Whip.

12. OPPOSITION OFFICE HOLDERS - STATEMENT:
The Leader of the Opposition (Mr Ede), by leave, made a statement relating to the
Opposition Office Holders.

MR B.R. EDE - Leader of the Opposition.
MRS M.A. HICKEY - Deputy Leader of the Opposition
MR J.D. BAILEY - Opposition Whip and Chairman of Caucus.

13. FINANCIAL ADMINISTRATION AND AUDIT AMENDMENT BILL 1994
(Serial 1):
The Chief Minister (Mr Perron), by leave, presented a Bill for an Act to amend the
Financial Administration and Audit Act.
Bill read a first time.
On the motion of Mr Perron the second reading of the Bill was made an order of
the day for a later hour.

14. CHAIRMAN OF COMMITTEES - APPOINTMENT:
The Speaker, addressing Members of the Assembly, reminded Members that it is now
necessary for the Assembly to appoint a Member to be its Chairman of Committees -

Whereupon the Chief Minister (Mr Perron) proposed to the Assembly for its Chairman
of Committees the Member for Jingili, Mr Setter, and moved - That the Member for
Jingili be appointed Chairman of Committees.

Which motion was seconded by the Deputy Chief Minister (Mr Coulter) and Mr Setter
accepted the nomination.

The Leader of the Opposition (Mr Ede) proposed to the Assembly for its Chairman of
Committees the Member for Arnhem, Mr Lanhupuy, and moved - That the Member for
Arnhem be appointed Chairman of Committees.

Which motion was seconded by the Deputy Leader of the Opposition (Mrs Hickey)
and Mr Lanhupuy accepted the nomination.

The time for motions having expired the Assembly then proceeded to ballot.

Ballot conducted - scrutineers Mr Bailey and Mr Baldwin.

The Speaker announced the result of the ballot as follows:
Mr Setter (Jingili)....... 17 votes
Mr Lanhupuy (Arnhem)....... 7 votes

and declared Mr Setter appointed as Chairman of Committees.

Mr Setter thanked the Assembly for the high honour it had conferred upon him and
acknowledged the congratulations of Members.

Page 8

15. ADMINISTRATOR'S SPEECH:
Mr Speaker reported to the Assembly that he had received a copy of the Opening
Address delivered by His Honour the Administrator to the Assembly this day.

16. ADDRESS-IN-REPLY:
The Chief Minister (Mr Perron) moved - That the following Address-in-Reply be agreed to:

To His Honour the Administrator of the Northern Territory.

MAY IT PLEASE YOUR HONOUR - We, the Legislative Assembly of the Northern
Territory, in Parliament assembled, desire to express our loyalty to our Most Gracious
Sovereign, and to thank Your Honour for the Speech which you have been
pleased to address to the Assembly.

Ordered - That the debate be adjourned and Mr Perron have leave to continue his
remarks on the resumption of the debate.
_____________________

Suspension of sitting: The sitting was suspended between 11.35 a.m. and 2.30 p.m.
_____________________

17. MESSAGES FROM THE ADMINISTRATOR:
The Speaker read the following Messages from His Honour the Administrator -

Message No. 1

I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of
Australia, in pursuance of section 11 of the Northern Territory (Self-Government) Act 1978
of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act to
appropriate certain sums out of the Consolidated Fund for the service of the year
ending 30 June 1995.

Dated 21st June 1994.

(Sgd) AUSTIN ASCHE
Administrator.
(Paper No. 7)

Message No. 2

I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of Australia,
in pursuance of section 11 of the Northern Territory (Self-Government) Act 1978 of
the Commonwealth, recommend to the Legislative Assembly a Bill for an Act entitled
Northern Territory Treasury Corporation Act, which in part provides for the appropriation
of money from the Consolidated Fund to guarantee payment of the obligations of the
Northern Territory Treasury Corporation to investors.

Dated 21st June 1994.
(Sgd) AUSTIN ASCHE
Administrator.
(Paper No .8)

Page 9

Message No. 3
Assent to Proposed Laws

I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of
Australia, advise the Legislative Assembly that, pursuant to section 7 of the Northern
Territory (Self-Government) Act 1978, of the Commonwealth, declare that I have given
my assent to the following proposed laws:

10 March 1994:
Mining Amendment Act 1994
Validation of Titles and Actions Act 1994

16 March 1994:
Evidence Amendment Act 1994
Northern Territory Employment and Training Authority Amendment Act 1994
Northern Territory Tourist Commission Amendment Act 1994
Power and Water Authority Amendment Act 1994
Summary Offences Amendment Act 1994
Traffic Amendment Act 1994
Trustee Amendment Act 1994

22 March 1994:
Bail Amendment Act 1994

28 March 1994:
Criminal Code Amendment Act 1994

31 March 1994:
Criminal Code Amendment Act (No. 2) 1994

6 April 1994:
Criminal Code Amendment Act (No. 3) 1994
Justices Amendment Act 1994
Oaths Amendment Act 1994

14 April 1994:
Evidence Amendment Act (No. 2) 1994

18 April 1994:
Adoption of Children Act 1994
Classification of Publications and Films Amendment Act 1994
Motor Vehicles Amendment Act 1994
Police Administration Amendment Act 1994
Prisons (Correctional Services) Amendment Act 1994
Registration of Births, Deaths and Marriages Amendment Act 1994
Sexual Offences (Evidence and Procedure) Amendment Act 1994

Dated 17th May 1994.

(Sgd) AUSTIN ASCHE
Administrator.
(Paper No.9)

Page 10

18. DIVISION BELLS - SESSIONAL ORDER:
The Manager of Government Business (Mr Coulter), by leave, moved - That, during
the present session of the Assembly, notwithstanding anything contained in the Standing
Orders and unless otherwise ordered, the following amendment to Standing Order 161
be adopted.

Add at the end:

`(2) When successive Divisions are taken and there is no intervening
debate after the first Division, the Bells for the ensuing Division
shall be rung for one minute only.'.

19. ADJOURNMENT OF ASSEMBLY - SESSIONAL ORDER:
The Manager of Government Business (Mr Coulter), by leave, moved - That, during the
present session of the Assembly, Mr Speaker may, at his discretion and
notwithstanding any previous Resolution of the Assembly, appoint a day and/or time
for the holding of a sitting of the Assembly, which day and/or time shall be notified to each
Member in writing.

20. BROADCASTING OF ADDITIONAL ANSWERS AT QUESTION TIME
SESSIONAL ORDER:
The Manager of Government Business (Mr Coulter), by leave, moved -

(1) That the following Standing Order be adopted, on a trial basis, as a Sessional Order.

`119A. When Question Time has concluded, following the request of a
Minister "that all further Questions be placed on the Question Paper",
Ministers may answer or give supplementary answers to questions
asked on previous days at Question Time or during the debate on the
motion for the adjournment of the Assembly but the total time taken for the
giving of such answers shall not exceed 10 minutes.'; and

(2) That radio stations 8-TOP FM; Gove FM; Katherine 8KTR and 8-CCC be
authorised to broadcast direct such answers in accordance with the terms and
Conditions of the Resolution of the Legislative Assembly of 11 October 1983
as varied by the Resolution of 12 November 1985.

Question - put and passed.

21. STANDING ORDERS COMMITTEE - APPOINTMENT:
The Manager of Government Business (Mr Coulter), by leave, moved - That, unless
otherwise ordered and pursuant to Standing Order 17, Mr Speaker, Mr Setter,
Mr Manzie, Mr Bell and Mrs Hickey be appointed as Members of the Standing Orders
Committee.
Question - put and passed.

22. COMMITTEE OF PRIVILEGES - APPOINTMENT:
The Manager of Government Business (Mr Coulter), by leave, moved - That, unless
otherwise ordered and pursuant to Standing Order 18, Mr Burke, Mr Palmer, Mr Stone,
Mr Bell and Mr Stirling be appointed as Members of the Committee of Privileges.
Question - put and passed.

Page 11

23. HOUSE COMMITTEE - APPOINTMENT:
The Manager of Government Business (Mr Coulter), by leave, moved - That, unless
otherwise ordered and pursuant to Standing Order 19, Mr Speaker, Mr Lim, Mr Palmer,
Mr Bell and Mr Lanhupuy be appointed as Members of the House Committee.
Question - put and passed.

24. PUBLICATIONS COMMITTEE - APPOINTMENT:
The Manager of Government Business (Mr Coulter), by leave, moved - That, unless
otherwise ordered and pursuant to Standing Order 20, Mr Baldwin, Mr Mitchell,
Mr Setter, Mr Rioli and Mr Stirling be appointed as Members of the Publications
Committee.
Question - put and passed.

25. SUBORDINATE LEGISLATION AND TABLED PAPERS COMMITTEE
- APPOINTMENT:
The Manager of Government Business (Mr Coulter), by leave, moved - That, unless
otherwise ordered and pursuant to Standing Order 21, Mr Adamson, Mr Palmer,
Mr Setter, Mr Rioli and Mr Stirling be appointed as Members of the Subordinate
Legislation and Tabled Papers Committee.
Question - put and passed.

26. PUBLIC ACCOUNTS COMMITTEE - APPOINTMENT:
The Manager of Government Business (Mr Coulter), by leave, moved - That, unless
otherwise ordered and pursuant to Standing Order 21A, Mrs Braham, Mr Palmer,
Mr Setter, Mr Ede and Mr Bailey be appointed as Members of the Public Accounts
Committee.
Debate ensued.
Question - put and passed.

27. SESSIONAL COMMITTEE ON THE ENVIRONMENT - APPOINTMENT:
The Manager of Government Business (Mr Coulter), by leave, moved - That, during the
present session of the Assembly -

(1) a Committee to be known as the Sessional Committee on the Environment be
appointed comprising, unless otherwise ordered, Mr Adamson, Mr Mitchell,
Mr Palmer, Mr Lanhupuy and Mr Bailey;

(2) the Committee be empowered, unless otherwise ordered, to inquire into and
from time to time report upon and make recommendations on:

(a) all matters relating to uranium mining and processing activities and
their effects on the environment within the Alligator Rivers Region; and

(b) any matter relating to mining and/or the environment within the
Northern Territory which is referred to it by -

(i) the relevant Minister or
(ii) resolution of the Legislative Assembly;

(3) the Committee be empowered to send for persons, papers and records, to sit in
public or in private session notwithstanding any adjournment of the Assembly,
to adjourn from place to place and have leave to report from time to time

Page 12

its proceedings and the evidence taken and make such interim
recommendations as it may deem fit, and to publish information pertaining to
its activities from time to time;

(4) the Committee be empowered to publish from day to day such papers and
evidence as may be ordered by it and, unless otherwise ordered by the
Committee, a daily Hansard be published of such proceedings as take place
in public;

(5) the Committee be empowered to consider, disclose and publish the Minutes of
Proceedings, evidence taken and records of similar Committees appointed
in previous Assemblies; and

(6) the foregoing provisions of this Resolution, so far as they are inconsistent with
the Standing Orders, have effect notwithstanding anything contained in the
Standing Orders.

Debate ensued.
Question - put and passed.

28. CONSTITUTIONAL DEVELOPMENT - SESSIONAL COMMITTEE - APPOINTMENT:
The Manager of Government Business (Mr Coulter), by leave, moved - That -

WHEREAS this Assembly is of the opinion that when the Northern Territory of Australia
becomes a new State it should do so as a member of the Federation in terms resulting in
equality with the other States with its people having the same constitutional rights,
privileges, entitlements and responsibilities as the people of the existing States;

AND WHEREAS IN SO FAR AS it is constitutionally possible the equality should apply
as on the date of the grant of statehood to the new state;

AND WHEREAS it is necessary to draft a new State Constitution:

(1) during the present session of this Assembly - a Committee, to be known as
the Sessional Committee on Constitutional Development, be established to
inquire into, report and make recommendations to the Legislative Assembly on:

(a) a Constitution for the new State and the principles upon which it should
be drawn, including:

(i) legislative powers;
(ii) executive powers;
(iii) judicial powers; and
(iv) the method to be adopted to have a draft new State
Constitution approved by or on behalf of the people of
the Northern Territory;

(b) the issues, conditions and procedures pertinent to the entry of the
Northern Territory into the Federation as a new State; and

(c) such other constitutional and legal matters as may be referred to it by:

(i) relevant Ministers; or
(ii) resolution of the Assembly;

Page 13

(2) the Committee undertake a role in promoting the awareness of constitutional
issues to the Northern Territory and Australian populations;

(3) unless otherwise ordered, the Committee consist of Mr Baldwin, Mr Mitchell,
Mr Hatton, Mr Bailey, Mrs Hickey and Mr Rioli;

(4) the Chief Minister and the Leader of the Opposition, although not members of
the Committee, may attend all meetings of the Committee; may question
witnesses; and may participate in the deliberations of the Committee, but
shall not vote;

(5) the Chairman of the Committee may, from time to time, appoint a member of
the Committee to be the Deputy Chairman of the Committee and the member
so appointed shall act as Chairman of the Committee at any time when
there is no Chairman or when the Chairman is not present at a meeting of the
Committee;

(6) in the event of an equality of voting, the Chairman, or the Deputy Chairman when
acting as Chairman, shall have a casting vote;

(7) the Committee have power to appoint sub-committees and to refer to any such
sub-committee any matter which the Committee is empowered to examine;

(8) four members of the Committee constitute a quorum of the Committee and two
members of a sub-committee constitute a quorum of a sub-committee;

(9) the Committee or any sub-committee have power to send for persons, papers
and records, to adjourn from place to place, to meet and transact business in
public or private session and to sit during any adjournment of the Assembly.

(10) the Committee shall be empowered to print from day to day such papers and
evidence as may be ordered by it and, unless otherwise ordered by the
Committee, a daily Hansard shall be published of such proceedings of the
Committee as take place in public;

(11) the Committee have leave to report to the Assembly from time to time and any
member of the Committee have power to add a protest or dissent to any report;

(12) the Committee report to the Assembly as soon as possible after 30 June each
year on its activities during the preceding financial year;

(13) unless otherwise ordered by the Committee, all documents received by the
Committee during its inquiry shall remain in the custody of the Assembly
provided that, on the application of a department or person, any document, if
not likely to be further required, may, in the Speaker's discretion, be returned to
the Department or person from whom it was obtained;

(14) members of the public and representatives of the news media may attend
and report any public session of the Committee, unless otherwise ordered by
the Committee;

(15) the Committee may authorize the televising of public hearings of the
Committee under such rules as the Speaker considers appropriate;

Page 14

(16) the Committee shall be provided with all necessary staff, facilities and resources
and shall be empowered, with the approval of the Speaker, to appoint
persons with specialist knowledge for the purposes of the Committee;

(17) nothing in these terms of reference or in the Standing Orders shall be taken to
limit or control the duties, powers or functions of any Minister of the Territory
who is also a member of the Sessional Committee;

(18) the Committee be empowered to consider, disclose and publish the Minutes
of Proceedings, evidence taken and records of similar committees
established in previous Assemblies; and

(19) the foregoing provisions of this Resolution, so far as they are inconsistent with
Standing Orders, have effect notwithstanding anything contained in the Standing
Orders.

Debate ensued.
The Member for Macdonnell (Mr Bell) moved the following amendment -

Add at the end of the motion the following words:

`this Assembly expresses its concern at the adverse impact that the CLP's
racially-based campaign will have on the Territory's Constitutional Development.'.

Debate ensued.
Paper tabled: The Deputy Chief Minister (Mr Coulter) laid on the Table the following paper -

. Advertisement - `Territory Labor - Your Top End Team' (Paper No. 10).

Debate continued.
Explanation of Speech: The Member for Macdonnell (Mr Bell), pursuant to Standing
Order 54, made an explanation of his speech.
Debate continued.
Personal explanation: The Minister for Aboriginal Development (Mr Hatton), by
leave, made a personal explanation in relation to the comments made by the
Member for Wanguri (Mr Bailey).
Debate continued.
Mr Coulter moved - That the question be now put - put and passed.
Question - That the amendment be agreed to - put and negatived.
Question - That the motion be agreed to - put and passed.

29. USE AND ABUSE OF ALCOHOL BY THE COMMUNITY - SESSIONAL
COMMITTEE - APPOINTMENT:
The Manager of Government Business (Mr Coulter), by leave, moved - That, during the
present session of the Assembly -

(1) a Committee to be known as the Sessional Committee on Use and Abuse of
Alcohol by the Community be appointed comprising, unless otherwise
ordered, Mr Adamson, Mrs Braham, Mr Poole, Mr Bell and Mr Lanhupuy;

Page 15

(2) the Committee be empowered, unless otherwise ordered, to inquire into and from
time to time report on:

(a) current trends in alcohol consumption in the Northern Territory and, as far
as possible, differences in consumption patterns based on regions,
age, sex, other demographic characteristics and ethnic factors;

(b) the social and economic consequences of current patterns of alcohol
consumption with special reference to the well-being of individuals and
communities and to the demands placed upon Government and
non-Government services;

(c) the services currently available within the Northern Territory by both
Government and non-Government agencies to deal with issues directly
or indirectly related to alcohol consumption;

(d) factors which directly affect the level and nature of alcohol
consumption in the Northern Territory community or parts of that
community, including, without limiting the generality of the foregoing:

(i) the accessibility/availability of alcohol within communities
including the number of outlets, nature of licences and proximity
of geographic location;

(ii) the demographic, ethnic and industry structure of the
Northern Territory; and

(iii) the correlation between socio-economic conditions and
alcohol consumption; and

(e) appropriate policies and services for the prevention and treatment of
alcohol problems in the Northern Territory;

(3) the Committee be empowered to send for persons, papers and records, to sit in
public or in private session notwithstanding any adjournment of the Assembly, to
adjourn from place to place and have leave to report from time to time its
proceedings and the evidence taken and make such interim recommendations
as it may deem fit, and to publish information pertaining to its activities from time
to time: the Committee shall make an annual report to the Assembly of its activities;

(4) the Committee be empowered to publish from day to day such papers and
evidence as may be ordered by it, and, unless otherwise ordered by the
Committee, a daily Hansard be published of such proceedings as take place in public;

(5) the Committee be empowered to consider, disclose and publish the Minutes of
Proceedings, evidence taken and records of the Committee on the Use and
Abuse of Alcohol in the previous Assembly; and

(6) the foregoing provisions of this Resolution, so far as they are inconsistent with
the Standing Orders, have effect notwithstanding anything contained in the
Standing Orders.

Question - put and passed.

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30. NEW PARLIAMENT HOUSE - SESSIONAL COMMITTEE - APPOINTMENT:
The Manager of Government Business (Mr Coulter), by leave, moved - That, during the
present Session of the Assembly -

(1) a Committee to be known as the New Parliament House Committee be
appointed comprising, unless otherwise ordered, Mr Speaker, Mr Burke,
Mr Manzie, Mr Bailey and Mr Stirling;

(2) the Committee act for and represent the Legislative Assembly in all matters
concerned with the planning, design and construction of any interim
accommodation proposed for the Legislative Assembly, its Committees,
Members and Officers and all matters incidental thereto;

(3) the Committee act for and represent the Legislative Assembly, as the client for
the new Parliament House, in all matters concerned with the planning, design and
construction of the new Parliament House and all matters incidental thereto;

(4) the Parliament House Competition brief, as revised by the previous Committee,
shall be used as the basis for the design and construction of the new Parliament
House, unless otherwise ordered by the Assembly or unless the Committee
resolves to reconsider any section of the revised brief;

(5) the Committee also consider and report on any matter relating to the planning,
design and construction of the new Parliament House and matters incidental
thereto or any matter relating to the planning, design and construction of interim
accommodation proposed for the Legislative Assembly, its Committees,
Members and Officers as may be referred to it by -

(a) the relevant Minister; or
(b) resolution of the Legislative Assembly;

(6) the Committee be empowered, with the approval of the Speaker, to employ
necessary staff and be provided with such facilities and resources as it may from
time to time require;

(7) the Committee report and make recommendations to the Assembly on these
matters from time to time;

(8) the Committee have power to send for persons, papers and records, to sit in
public or in private session, notwithstanding any adjournment of the Assembly, to
adjourn from place to place, and have leave to report from time to time its
proceedings and the evidence taken and such interim recommendations as it
may deem fit;

(9) the Committee be empowered to print from day to day such papers and
evidence as may be ordered by it and, unless otherwise ordered by the
Committee, a daily Hansard be published of such proceedings as take place in
public;

(10) the Committee be empowered to consider, disclose and publish the Minutes of
Proceedings, evidence taken and records of similar Committees established in
previous Assemblies; and

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(11) the following be declared stages in the design and construction of the new
Parliament House -

(a) design development;
(b) detailed architectural documentation; and
(c) interior design, including -

(i) approval of proposals;
(ii) approval of documentation; and
(iii) final acceptance of fit-out and finishes;

(12) work shall not be commenced or carried out on a declared stage in the design or
construction of Parliament House unless the New Parliament House Committee
or one of its sub-committees, has passed a resolution authorizing the
commencement of work on that stage or unless commencement of work on a
stage has been authorized by the previous Committee or one of its
sub-committees in the previous Assembly;

(13) the New Parliament House Committee shall report any such authorization to the
Legislative Assembly when the Assembly next meets; and

(14) the foregoing provisions of this Resolution, so far as they are inconsistent with
Standing Orders, have effect notwithstanding anything contained in the Standing
Orders.

Debate ensued.
Question - put and passed.

31. DEPUTY CHAIRMEN OF COMMITTEES - WARRANT:
The Speaker laid on the Table the following Warrant:

WARRANT

Pursuant to the provisions of Standing Order 12, I nominate Mr Adamson, Mr Baldwin,
Mr Bell, Mrs Braham and Mr Rioli to act as Chairman of Committees when requested so
to do by the Chairman of Committees.

Given under my hand this twenty-seventh day of June, nineteen hundred and ninety-four.

(Sgd) TERRY McCARTHY
Speaker.
(Paper No. 11)

32. NOTICES:
The following notices were given:
Mr Coulter: To present theTaxation(Administration)Amendment Bill 1994 (Serial 3).
Mr Coulter: To present the Pay-roll Tax Amendment Bill 1994 (Serial 5).
Mr Coulter: To present the Northern Territory Treasury Corporation Bill 1994 (Serial 6).
Mr Coulter: To present the Stamp Duty Amendment Bill 1994 (Serial 4).

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Mr Coulter: To present the Financial Agreement Between the Commonwealth,
States and Territories (Approval) Bill 1994 (Serial 7).
Mr Perron: To present the Police Administration Amendment Bill (No. 3) 1994 (Serial 18).
Mr Finch: To present the Northern Territory Employment and Training Authority
Amendment Bill 1994 (Serial 22).
Mr Reed: To present the Fisheries Amendment Bill 1994 (Serial 19).
Mr Reed: To present the Agricultural and Veterinary Chemicals (Northern
Territory) Bill 1994 (Serial 20).
Mr Poole: To present the Territory Insurance Office Amendment Bill 1994 (Serial 11).
Mr Stone: To present the Petroleum Amendment Bill 1994 (Serial 23).
Mr Stone: To present the Granites Exploration Agreement Ratification Bill 1994 (Serial 21).
Mr Manzie: To present the State Bank of South Australia (Transfer of Undertaking) Bill 1994 (Serial 8).
Mr Manzie: To present the Sentencing Bill 1994 (Serial 9).
Mr Manzie: To present the Sentencing (Consequential Amendments) Bill 1994 (Serial 10).
Mr Manzie: To present the Domestic Violence Amendment Bill 1994 (Serial 12).
Mr Manzie: To present the Choice of Law (Limitation Periods) Bill 1994 (Serial 13).
Mr Manzie: To present the Criminal Code Amendment Bill (No. 2) 1994 (Serial 14).
Mr Manzie: To present the Director of Public Prosecutions Amendment Bill 1994 (Serial 15).
Mr Manzie: To present the Misuse of Drugs Amendment Bill 1994 (Serial 16).
Mr Manzie: To present the Police Administration Amendment Bill (No. 2) 1994 (Serial 17).
Mr Manzie: To present the Legal Practitioners Amendment Bill 1994 (Serial 24).
Mr Manzie: To present the Statute Law Revision Bill 1994 (Serial 25).

33. ADDRESS-IN-REPLY:
The order of the day having been read for the resumption of the debate on the motion of
the Chief Minister (Mr Perron) - That the following Address-in-Reply be agreed to:

To His Honour the Administrator of the Northern Territory.

MAY IT PLEASE YOUR HONOUR - We, the Legislative Assembly of the Northern
Territory in Parliament assembled, desire to express our loyalty to our Most Gracious
Sovereign, and to thank Your Honour for the Speech which you have been
pleased to address to the Assembly.

Debate ensued.

On the motion of the Deputy Chief Minister (Mr Coulter) debate was adjourned.

34. APPROPRIATION BILL 1994-95 (Serial 2):
The Treasurer (Mr Coulter) presented a Bill for an Act to appropriate certain sums out
of the Consolidated Fund for the service of the year ending 30 June 1995, the subject of
His Honour the Administrator's Message No. 1.
Bill read a first time.
Suspension of Standing Orders: Mr Coulter moved - That so much of
Standing Orders be suspended as would prevent the Appropriation Bill 1994-95
(Serial 2) passing through all stages at these sittings.

Page 19

Question - put and passed.
Mr Coulter moved - That the Bill be now read a second time.
Papers tabled: Mr Coulter laid on the Table the following Papers -

. Budget Paper No. 1, 1994-95 - Budget Speech and Appropriation Bill;
. Budget Paper No. 2, 1994-95 - The Budget;
. Budget Paper No. 3, 1994-95 - Sources of Funds;
. Budget Paper No. 4, 1994-95 - Public Sector Assets and Liabilities;
. Budget Paper No. 5, 1994-95 - Issues in Public Finance;
. Budget Paper No. 6, 1994-95 - Northern Territory Economy;
. Guide through the Budget Papers, May 1994
. 1994-95 Budget and Proposed Capital Works, Regional Highlights, Darwin;
. 1994-95 Budget and Proposed Capital Works, Regional Highlights, Palmerston and Rural;
. 1994-95 Budget and Proposed Capital Works, Regional Highlights, Katherine;
. 1994-95 Budget and Proposed Capital Works, Regional Highlights, East Arnhem;
. 1994-95 Budget and Proposed Capital Works, Regional Highlights, Tennant Creek;
. 1994-95 Budget and Proposed Capital Works, Regional Highlights, Alice Springs; and
. 1994-95 Women in the Budget, May 1994.

(Paper Nos. 13 -26)
Debate ensued.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -

. Graphs ABS Household Income NT v Australia; NT v Victoria; NT v SA;
Index 81/82-91/92. (Paper No. 12)

Debate continued.
Question - put and passed.
Bill read a second time.
Mr Coulter moved - That the Committee stage be later taken.
Question - put and passed.

35. ADJOURNMENT:
The Deputy Chief Minister (Mr Coulter) moved - That the Assembly do now adjourn.
Debate ensued.

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And the Assembly continued to sit until 12 midnight -

Tuesday 28 June 1994 A.M.

Debate continued.
Question - put and passed.
The Assembly adjourned at 12.07 a.m. until Tuesday 28 June 1994 at 10.00 a.m.

________________________
ATTENDANCE:
All Members attended the sitting.

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Last updated: 04 Aug 2016