Minutes of Proceedings - 2010-04-28
- 1. MEETING:
- The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. LIQUOR LEGISLATION AMENDMENT BILL 2010 (Serial 94):
- The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time –
Debate resumed.
Debate suspended.
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Suspension of sittings: The sittings of the Assembly was suspended between 12.02pm and 2pm.
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Visitors: The Speaker advised Members of the presence in the public galleries of –
Kormilda College, Year 12, Australian and International Politics students accompanied by Miss Anna Pomeroy.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
- The following notice were given –
Mr Vatskalis: To present the Mineral Titles Bill 2010 (Serial 98).
- The Speaker laid on the Table the Pair arrangements for this sittings period:
- 28 April 2010, 5.30pm to 7.30pm; and
29 April 2010, 3pm to 4.30pm. (Paper 744)
- 2.01pm Mr Giles to Mr McCarthy.
2.03pm Ms Scrymgour to Mr Henderson.
2.07pm Mr Giles to Mr McCarthy.
2.10pm Mr Gunner to Mr Vatskalis.
2.12pm Mr Chandler to Mr Hampton.
2.15pm Ms Anderson to Mr McCarthy.
2.17pm Ms Walker to Ms Lawrie.
2.20pm Mr Chandler to Mr Hampton.
2.24pm Ms Scrymgour to Dr Burns.
2.27pm Ms Anderson to Dr Burns.
2.30pm Mr Chandler to Mr Hampton.
2.34pm Mr Gunner to Mr Vatskalis.
2.37pm Mr Chandler to Mr McCarthy.
2.40pm Mr Wood to Mr McCarthy.
2.43pm Ms Walker to Ms McCarthy.
2.46pm Mr Chandler to Mr McCarthy.
2.49pm Ms Scrymgour to Mr Hampton.
2.52pm Mr Chandler to Mr McCarthy.
2.53pm Mr Gunner to Mr McCarthy.
2.57pm Ms Anderson to Mr Hampton.
Answer to Question: The Leader of Government Business (Dr Burns) provided an answer to a question asked by the Member for Macdonnell re expenditure on a school of $1.25m in Capital Works.
The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
7. LIQUOR LEGISLATION AMENDMENT BILL 2010 (Serial 94):
- The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Bill be now read a second time –
Debate resumed.
Paper tabled: Ms Lawrie laid on the Table the following Paper –
Debate continued.
Extension of time: On the motion of the Minister for Health (Mr Vatskalis) the Member for Nightcliff (Ms Lawrie) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Question – put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill in Committee of the Whole.
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In Committee
(Deputy Speaker and Chair of Committees Ms Walker in the Chair)
(Deputy Speaker and Chair of Committees Ms Walker in the Chair)
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
Debate ensued.
Mr Conlan moved the following amendment –
Proposed section 106BD(3),
- omit, substitute
(3) Immediately after seizing a form of identification, the person must give the entrant a notice stating:
- (a) the form of identification has been seized and the person must give it to the Director as soon as is reasonably practicable and no later than 72 hours after the time of seizure; and
(b) the Director is required to take all reasonable steps to return the form of identification to the person to whom it relates if section 106BD(6)(b) or (7) applies; and
(c) the business address and telephone number of the Director; and
(d) any other information prescribed by regulation.
Question – put and negatived.
Mr Conlan moved the following further amendment –
After proposed section 106BD(6) –
- insert
(7) Despite subsection (6), the Director must take all reasonable steps to return a genuine form of identification to the person to whom it relates.
Debate ensued.
Question – put and negatived.
Clause 5, as printed, agreed to.
Clause 6 read.
On the motion of Ms Lawrie the following amendments were taken together and agreed to, after debate –
In proposed section 120D(6) -
- omit
the a
substitute
a
On the motion of Ms Lawrie the following further amendment was agreed to, after debate –
Proposed section 120J(5) and (9) –
- omit
On the motion of Ms Lawrie the following further amendment was agreed to, after debate –
Proposed section 120L(1) –
- omit
A police officer who intends to give a banning notice to a person:
substitute
If a police officer intends to give a banning notice to a person, the officer:
(aa) must produce his or her police identification unless the officer is in uniform; and
On the motion of Ms Lawrie the following further amendment was agreed to, after debate –
Proposed section 120L(3) –
- omit
provide, orally or in writing,
substitute
state
On the motion of Ms Lawrie the following further amendment was agreed to, after debate –
Proposed section 120L(4)(d) –
- omit
On the motion of Ms Lawrie the following further amendment was agreed to, after debate –
Proposed section 120L(8) –
- omit
all the words after "subsection"
substitute
(1) or (4) by a police officer does not constitute an offence against this Act but may be dealt with under the Police Administration Act.
On the motion of Ms Lawrie the following further amendment was agreed to, after debate –
Proposed section 120P(4)(a) –
- omit, substitute
(a) produce his or her police identification unless the officer is in uniform; and
On the motion of Ms Lawrie the following further amendment was agreed to, after debate –
Proposed section 120P(7) –
- omit
all the words after "offence"
substitute
against this Act but may be dealt with under the Police Administration Act.
On the motion of Ms Lawrie the following further amendment was agreed to, after debate -
Proposed section 120U(4)(a) –
- omit, substitute
(a) produce his or her police identification unless the officer is in uniform; and
On the motion of Ms Lawrie the following further amendment was agreed to, after debate –
Proposed section 120U(6) –
- omit
all the words after "offence"
substitute
against this Act but may be dealt with under the Police Administration Act.
Mr Conlan moved the following amendment –
After proposed section 120D(6) –
- insert
(7) The coordinator of a local liquor accord must notify each party to the accord if the coordinator receives written notice that the Director has:
- (a) determined to vary the accord; or
(b) terminated the accord.
Mr Conlan moved the following amendment –
Proposed section 120F(1)(a) –
- omit, substitute
(a) alcohol-related violence has occurred in:
- (i) a public place in the vicinity of licensed premises that are within the designated area; or
(ii) a public place that is a public restricted area and that is within the designated area; and
Mr Conlan moved the following amendments together, by leave –
Proposed section 120S(5) and (6) –
- omit, substitute
(5) An exclusion order must:
- (a) exclude the offender from a relevant place for a period specified in the order (the specified period) of not more than 12 months; and
(b) require the offender to complete an approved program within the specified period if:
(i) the order is made under subsection (1); and
(ii) the court is satisfied on the evidence before it that the offender was intoxicated when the specified offence was committed.
- (a) require the offender to complete an approved program within the specified period if:
(i) the order is made under subsection (3); and
(ii) the court is satisfied on the evidence before it that the offender was intoxicated when the offender was suspected, or believed, to have committed at least one of the specified offences for which the offender has been given a banning notice or infringement notice; and
(b) exclude the offender from the relevant place as specified in the order at all times, or at times specified in the order, during the specified period; and
(c) allow the offender to enter the relevant place as specified in the order for specified purposes during the specified period; and
(d) be made subject to other conditions as the court considers appropriate.
- insert
(7A) The Director may, by Gazette notice, approve an alcohol rehabilitation program for subsection (5) or (6).
Proposed section 120S(8) –
- insert (in alphabetical order)
approved program means an alcohol rehabilitation program approved by the Director under subsection (7A).
Proposed section 120T –
- omit, substitute
120T Compliance with exclusion order
- An excluded person must comply with the exclusion order that applies to the person.
Amendments negatived, after debate.
Mr Conlan moved the following amendment –
Proposed section 120Z(4) –
- omit
7
substitute
6
Amendment negatived, after debate.
Clause 6, as amended, agreed to.
Clauses 7 to 10, by leave, taken together and agreed to.
Clause 11 read.
On the motion of Ms Lawrie the following amendment was agreed to, after debate –
- omit
all the words from "102N" to "120U,"
substitute
120N, 120P(3), 120T, 120U(3),
Clause 11, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
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The Assembly resumed; the Speaker took the Chair; and the Deputy Speaker and Chair of Committees (Ms Walker) reported that the Committee had agreed to the Bill with amendments.
And the Report was adopted.
On the motion of the Minister for Racing, Gaming and Licensing (Ms Lawrie) the Bill was read a third time and passed to be a proposed law, after debate.
- The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time –
Debate resumed.
Question – put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
9. AUDITOR-GENERAL’S FEBRUARY 2010 REPORT TO THE LEGISLATIVE ASSEMBLY – MOTION TO NOTE REPORT:
- The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Report –
Debate resumed.
Leave granted to the Member for Port Darwin (Mr Elferink) to continue his remarks at a later hour.
- The Member for Braitling (Mr Giles), pursuant to notice, presented a Bill for an Act to amend the Traffic Act.
Bill read a first time.
Mr Giles moved – That the Bill be now read a second time.
Debate ensued.
Paper tabled: Mr Giles, by leave, laid on the Table the following Paper –
Debate continued.
On the motion of the Minister for Transport (Mr McCarthy) debate was adjourned.
- The Member for Braitling (Mr Giles), pursuant to notice, moved –
That,
- Due to the failure to ensure due diligence was undertaken in the registration, de-registration and management of the registration of Randall Carey, the Northern Territory Government immediately:
- Debate ensued.
Paper tabled: Mr Giles, by leave, laid on the Table the following Paper –
- Debate continued.
The Minister for Lands and Planning (Mr McCarthy) moved the following amendment to the motion -
Omit all words after “That” and insert in its stead -
- the Northern Territory Government provide the necessary provisions to ensure certification capacity for those builders completing the outstanding works on the Carey Builders houses so as to enable full building certification of these homes.
Debate continued.
The Member for Nelson (Mr Wood) moved the following amendment to the main motion, by leave -
Omit all words after “immediately” and in their place insert:
1. Engage a suitability qualified person to report within 14 days on the amount that is required to meet the outstanding costs to complete each of the unfinished homes affected by the collapse of Carey Builders;
2. Provide the necessary provisions to ensure certification capacity for those builders completing the outstanding works on those houses identified above so as to complete full building certification of these homes; and
3. The Government provide the necessary funds calculated by the relevant qualified person to complete those unfinished homes and that amount be held as a covenant on the title of the land to be recovered on the sale of the property.
Debate ensued.
Question – That the amendment moved by the Member for Nelson (Mr Wood) be agreed to – put and passed.
Question - That the amendment moved by Mr McCarthy be agreed to - put.
The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -
AYES, 12 NOES, 13
Mrs Aagaard Ms Anderson
Dr Burns Mr Bohlin
Mr Gunner Ms Carney
Mr Hampton Mr Chandler
Mr Henderson Mr Conlan
Mr Knight Mr Elferink
Ms Lawrie Mr Giles
Ms McCarthy Mr Mills
Mr McCarthy Ms Purick
Ms Scrymgour Mr Styles
Mr Vatskalis Mr Tollner
Ms Walker Mr Westra van Holthe
Mr Wood
Amendment negatived accordingly.
Motion, as amended, agreed to.
12. ABORIGINAL LAND AMENDMENT (INTERTIDAL WATERS) BILL 2010 (Serial 96):
- The Member for Katherine (Mr Westra van Holthe), pursuant to notice, presented a Bill for an Act to amend the Aboriginal Land Act.
Bill read a first time.
Mr Westra van Holthe moved – That the Bill be now read a second time.
Debate ensued.
Paper tabled: Mr Westra van Holthe laid on the Table the following Paper –
On the motion of the Deputy Chief Minister (Ms Lawrie) debate was adjourned.
- The Member for Macdonnell (Ms Anderson), pursuant to notice, moved – That,
2. The Committee is to inquire into all areas of indigenous expenditure including allocations made by the Territory Government and made by the Federal Government which are both administered by the Territory Government and the Federal Government.
3. The Committee is to report on a regular basis, but at least quarterly, and must at the very least in each report -
- (a) match said related expenditure allocations with actual expenditure; and
(b) evaluate the outcomes achieved from the expenditure.
5. The Committee can initiate inquiries into any matter relating to Indigenous expenditure.
6. The Speaker shall provide all funding and human resources necessary for the Committee to actively do the tasks set by the Assembly.
- Debate ensued.
Extension of time: On the motion of the Member for Brennan (Mr Chandler) the Member for Braitling (Mr Giles) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Debate adjourned, pursuant to Standing Order 41A.
- The Speaker, pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 10pm, until 29 April 2010 at 10am.
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PAPERS:
The following Papers were deemed to have been presented on Wednesday 28 April 2010 –
Annual Report
Daly River Management Advisory Committee 2008/2009 (DRMAC) (Paper 742)
Coroner’s Act
In the Matter of Coroner’s Findings and Recommendations into the deaths of Jaron Mamarika, Dwayne Bara, Jaross Amagula and Francene Huddleston, dated 23 March 2010 (Paper 743)
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- ATTENDANCE:
All Members attended the sittings.
Last updated: 04 Aug 2016