Territory Stories

Debates Day 3 - Thursday 21 October 1993

Details:

Title

Debates Day 3 - Thursday 21 October 1993

Other title

Parliamentary Record 21

Collection

Debates for 6th Assembly 1990 - 1994; ParliamentNT; Parliamentary Record; 6th Assembly 1990 - 1994

Date

1993-10-21

Notes

Made available by the Legislative Assembly of the Northern Territory

Language

English

Subject

Debates

Publisher name

Legislative Assembly of the Northern Territory

Place of publication

Darwin

File type

application/pdf

Use

Attribution International 4.0 (CC BY 4.0)

Copyright owner

Legislative Assembly of the Northern Territory

License

https://creativecommons.org/licenses/by/4.0/

Parent handle

https://hdl.handle.net/10070/279555

Citation address

https://hdl.handle.net/10070/418727

Page content

DEBATES - Thursday 21 October 1993 Mr MANZIE: No. I am arguing against a proposal made by the member for MacDonnell. If you want to tell me that you unreservedly withdraw this particular ... Mr Ede: It was never put up. Mr MANZIE: It was put up as an argument and the member for MacDonnell said that that is the direction in which we should be going. I am simply pointing out, step by step, that what he proposes does not make any sense. In fact, it is wrong. I want to point out the illogicality of his argument and show him that it is wrong to enable any stupid arguments that he may put forward to be balanced against the stupid proposals that he has made already. Bear with me. Also excluded by that particular suggestion from the member for MacDonnell would be unlawful use of a motor vehicle, a vessel, a caravan or a trailer. Also excluded would be sections in the Summary Offences Act, offensive behaviour and riotous, offensive, disorderly or indecent behaviour in a public place. It would also exclude threatening violence under section 47AB of the Summary Offices Act: 'Any person who threatens to damage a dwelling house, discharges a firearm with intent to intimidate or alarm a person ...' Under those circumstances, one would not be able to apply that provision. This is something that the member for MacDonnell really ought to know about. He is talking now because he does not want to listen, but this is something that his constituents would like to know about. What he is proposing means that the night patrol at Yuendumu would not have any protection under law for the power that those people exercise to apprehend people who bring liquor into their dry areas. Section 75 of the Liquor Act creates an offence of bringing into, possession, consuming or disposing of liquor in a restricted area. Powers of search and seizure are conferred on inspectors. There is no provision there for arresting offenders. Thus, he puts his own constituents in jeopardy by suggesting that that is the way we should go. What I want to do is to show that what he is suggesting is simply stupid. In respect of the bill before us, we are following the process that all the states have followed. What it actually does is enable a citizen of the Territory to carry out a citizen's arrest in circumstances where that citizen: (a) finds the offender committing an offence or doing an act or behaving or conducting himself, or in such circumstances that the person believes on reasonable grounds that the offender has committed an offence and that the arrest of the offender is necessary (i) to ensure the appearance of the offender before a court of competent jurisdiction; (ii) to preserve public order; (iii) to prevent the continuation or repetition of the offence or the commission of a further offence; or (iv) for the safety or welfare of members of the public or of the offender; 10 230


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