Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2010-12-01

    1. MEETING:
        The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.

    2. PRAYERS.

    3. PETITION:
        The Member for Sanderson (Mr Styles) presented Petition No. 48 from 1384 petitioners requesting intrastate travel entitlements be included for NT Pensioner Concession and Carer Scheme, Senior Card Holders (Paper 1121).
        Petition read.

    4. DISALLOWANCE OF PART OF REMUNERATION TRIBUNAL DETERMINATION NO. 1 OF 2010- ADDITIONAL SALARY OF OFFICE RATES – MOTION AGREED TO:
        The Leader of Government Business (Dr Burns) moved - That:
            1. clause 14 and Schedule 4 of the Determination of Entitlements of Assembly Members determined by the Remuneration Tribunal on 21 September 2010 (“the 2010 Determination”) are disallowed pursuant to section 21(3) of the Assembly Members and Statutory Officers (Remuneration and Other Entitlements Act (NT); and

            2. notwithstanding the commencement of so much of the 2010 Determination as is not disallowed, clause 14 and Schedule 2 of the Determination of Entitlements of Assembly Members determined by the Remuneration Tribunal on 30 October 2009 shall continue in effect pursuant to section 21(7) of the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act (NT).

        Debate ensued.
        Question – put and passed.
    5. PAIRS:
        The Speaker advised Members of Pair arrangements as follows for Wednesday 1 December 2010 –

        The Member for Arafura (Ms Scrymgour) with the Member for Sanderson (Mr Styles) for Wednesday 1 December 2010 (Paper 1123 ).
    6. ASSEMBLY MEMBERS AND STATUTORY OFFICERS (REMUNERATION AND OTHER ENTITLEMENTS) AMENDMENT BILL 2010 (Serial 144):
        The Chief Minister (Mr Henderson), pursuant to notice, presented a Bill for an Act to amend the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act.
        Bill read a first time.
        Mr Henderson moved - That the Bill be now read a second time.
        Debate ensued.
        Paper tabled: Mr Henderson laid on the Table the following Paper –

        Explanatory Statement, Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Bill 2010 (Paper 1122).
        On the motion of the Member for Brennan (Mr Chandler) debate was adjourned.

    7. CRIMINAL CODE AMENDMENT (CRIMINAL DAMAGE) BILL 2010 (Serial 141):
        The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
        Bill read a first time.
        Ms Lawrie moved - That the Bill be now read a second time.
        Debate ensued.
        Paper tabled: Ms Lawrie laid on the Table the following Paper –

        Explanatory Statement, Criminal Code Amendment (Criminal Damage) Bill 2010 (Paper 1124).
        On the motion of the Member for Brennan (Mr Chandler) debate was adjourned.
    8. CONTROL OF ROADS AMENDMENT BILL 2010 (Serial 142):
        The Minister for Construction (Mr McCarthy), pursuant to notice, presented a Bill for an Act to amend the Control of Roads Act.
        Bill read a first time.
        Mr McCarthy moved - That the Bill be now read a second time.
        Debate ensued.
        Paper tabled: Mr McCarthy laid on the Table the following Paper –

        Explanatory Statement, Control of Roads Amendment Bill 2010 (Paper 1125).
        On the motion of the Member for Blain (Mr Mills) debate was adjourned.
    9. FIRE AND EMERGENCY AMENDMENT BILL 2010 (Serial 129):
        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.
        The Assembly resolved itself into a Committee of the Whole for consideration of the Bill.
        _________________
        In Committee

        (Deputy Speaker and Chair of Committees Ms Walker in the Chair)

        Debate ensued.
        ___________

        Visitors: The Deputy Speaker (Ms Walker) advised Members of the presence in the public gallery of Alawa Primary School Year 4/5/6 students accompanied by Mrs Irene Haywood and Miss Ana Bernardino.
        On behalf of all Members Ms Walker extended a warm welcome to the visitors.
        ___________

        Clauses 1 to 10, by leave, taken as a whole and agreed to.
        Clause 11 read.
        Mr Mills withdrew his circulated amendment.
        Clause 11, as printed, agreed to
        Clauses 12 to 14, by leave, taken together and agreed to.
        Clause 15 read.
        On the motion of the Chief Minister (Mr Henderson) the following amendment was agreed to, after debate –
          Clause 15(3)

          omit, insert

          (3) Section 54(2)(j)

                omit, insert

                (j) apply, adopt or incorporate (with or without changes) the whole or part of a document as in force or existing at a particular time or from time to time;

                (k) an offence against a regulation to be a regulatory offence.

          On the motion of Mr Henderson the following further amendment was agreed to, after debate –
            After clause 15(4)

            insert

            (5) Section 54(3)

                  omit
          Remainder of the Bill, by leave, taken as a whole and agreed to.
          Bill to be reported with amendments.
          __________________

          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 Chief Minister (Mr Henderson) the Bill was read a third time and passed to be a proposed law.
      10. ENOUGH IS ENOUGH – PROPOSED ALCOHOL REFORMS – STATEMENT NOTED:
          The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Statement –
          Debate resumed.
          Question – put and passed.
          _______________

          Suspension of sittings: The sittings of the Assembly was suspended between 12 Noon and 2pm.
          _______________
      11. NOTICES:
          The following Notice was given:

          Ms Lawrie: To present the Information Amendment Bill 2010 (Serial 143).

          Ms Lawrie: To present the Statute Law Revision Bill (No. 2) 2010 (Serial 140).

          Dr Burns: To move – That, the reference to the Legal and Constitutional Affairs Committee passed by the Assembly on 9 September 2008 be amended by adding the following paragraphs:

                  (6) The Committee shall appoint a Northern Territory Constitutional Convention Committee (NTCCC) to report to the Standing Committee from time to time to assist with the implementation of the Statehood Program as determined by the Standing Committee leading up to and including a Constitutional Convention.

                  (7) The membership, chairs, functions and procedures of the NTCCC shall be as determined by the Standing Committee from time to time.

                  (8) The sitting fees of members of the NTCCC shall be as determined by the Speaker.

          Statement by Speaker – Air-conditioning: The Speaker advised Members of an electrical fault which had disrupted chamber air-conditioning and would be approximately half an hour before being rectified.
      12. QUESTIONS:
          2.01pm Mr Mills to Mr Henderson.

          Paper tabled: Mr Henderson laid on the Table the following Paper –

          Northern Territory government 2008 Election Commitments – Progress Report, November 2010 (Paper 1126).

          2.05pm Mr Gunner to Mr Henderson.
          2.08pm Mr Elferink to Ms Lawrie.
          2.11pm Ms Walker to Dr Burns.
          2.15pm Mr Conlan to Mr Vatskalis.
          2.18pm Ms Anderson to Mr Hampton.
          2.19pm Mr Gunner to Ms Lawrie.
          Paper tabled: Ms Lawrie laid on the Table the following Papers –

          Screen image of documents on ABC program, 30 November 2010 (Paper 1127); and
          Transcript of alleged minutes of Management Committee Meeting, Sunday 15 August 2010 (Paper 1128).
            2.22pm Mr Conlan to Mr Vatskalis.
            2.26pm Ms Walker to Mr Hampton.
            2.28pm Mr Wood to Ms McCarthy.
            2.31pm Mr Conlan to Mr Vatskalis.
            2.35pm Mr Gunner to Mr McCarthy.
            2.38pm Mr Conlan to Mr Vatskalis.
            2.42pm Ms Anderson to Ms McCarthy.
            2.44pm Ms Walker to Ms McCarthy.
            2.46pm Ms Purick to Mr Vatskalis.

            Paper tabled: Mr Vatskalis laid on the Table the following Paper -

            Map of Commonwealth and Northern Territory Legislation, Delineation of Boundaries for Application of Legislation for Petroleum Titles (Paper 1129).
              2.50pm Mr Gunner to Mr Knight.
              2.53pm Ms Purick to Mr Vatskalis.
              2.55pm Ms Walker to Mr Hampton.
              2.58pm Mr Wood to Ms McCarthy.

              The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
          .13. JOBS IN THE TERRITORY – STATEMENT NOTED:
              The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Statement –
              Debate resumed.
              Extension of time: On the motion of the Member for Fannie Bay (Mr Gunner) the Member for Barkly (Mr McCarthy) was granted an extension of time, pursuant to Standing Order 77.

              Debate continued.
              Extension of time: On the motion of the Member for Daly (Mr Knight) the Member for Fannie Bay (Mr Gunner) was granted an extension of time, pursuant to Standing Order 77.

              Debate continued.
              Extension of time: On the motion of the Member for Daly (Mr Knight) the Member for Nhulunbuy (Ms Walker) was granted an extension of time, pursuant to Standing Order 77.

              Debate continued.
              Question – put and passed.
          14. A WORKING FUTURE – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
              The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Statement –
              Debate resumed.
              Extension of time: On the motion of the Member for Arnhem (Ms McCarthy) the Member for Stuart (Mr Hampton) was granted an extension of time, pursuant to Standing Order 77.

              Debate continued.
              Debate adjourned, it being 5.30pm and General Business being called on, Mr McCarthy to continued his remarks at a later hour – Standing Order 93.
          15. 5 STAR ENERGY EFFICIENCY RATING – MOTION AGREED TO:
              The Member for Nelson (Mr Wood), pursuant to notice, moved - That, the government reviews the provisions of the 5 star energy efficiency rating by forming a review committee comprising local designers, architects, builders, certifiers and other relevant experts to assess:
              a. the satisfaction of the standard while allowing for passive designed homes which accommodate the tropical climate;
                b. peer review assessment for these designs by local experts;

                c. the suitability of the computer program currently used; and

                d. the appropriateness of the mandatory requirement of 5 star energy efficiency rating.

                Debate ensued.
                Extension of time: On the motion of the Member for Barkly (Mr McCarthy) the Member for Nelson (Mr Wood) was granted an extension of time, pursuant to Standing Order 77.

                Debate continued.
                Question – put and passed.

            16. EXTRACTIVE INDUSTRIES IN GREATER DARWIN AND RURAL AREAS – MOTION NEGATIVED:
                The Member for Goyder (Ms Purick), pursuant to notice, moved -
                That the Northern Territory Minister for Resources direct the NT Mining Board in accordance with its powers under the Mine Management Act to:

                1. report on the history of the extractive industry in the greater Darwin and rural areas including the areas as far south as Hayes Creek, west to Cox Peninsula and east to Marrakai/Mary River/Mt Bundy;

                2. report on the level of supply across the industrial commodities including fine and course sand, gravel, crushed rock, clay, soil, dimensional stone and porcelanite;

                3. investigate and report on the geological context of extractive materials in the above mentioned areas and the future prospects;

                4. investigate and report on current extractive operations in the Top End and Central Australia;

                5. report on resource estimates of known deposits;

                6. investigate on future sources of extractive products for the Greater Darwin regions and Central Australia;

                7. investigate and report on the future threats and challenges to existing and future extractive operations from competitive land uses;

                8. investigate and report on what measures Government is undertaking to ensure a constant supply of extractive materials into the Darwin and central Australian markets at competitive prices;

                9. report on the future of the extractive industry in the Northern Territory including a revision of the extractive minerals programme and extractive minerals policy; and

                10. have the Minister for Primary Industry, Fisheries and Resources Table the Mining Board’s report on these matters in the Assembly Chamber by 31 March 2011.

                Debate ensued.
                Paper tabled: Mr Vatskalis laid on the Table the following Paper –

                Extractive Industry Policy, June 1997 by Department of Mines and Energy and Background to Extractive Industry Policy (Paper 1131).

                Debate continued.
                Question –put and negatived.
            17. INFORMATION AMENDMENT (FEES) BILL 2009 (Serial 83) - NEGATIVED:
                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 negatived.
            18. CHILDREN’S SPORT INVOLVEMENT COSTS – MOTION NEGATIVED:
                The Order of the Day having been read for the resumption of debate on the motion – That,
                  The Territory Parliament –

                  (a) acknowledges the costs associated with the involvement of children in sport in the Northern Territory;

                  (b) further recognises that it can cost families hundreds of dollars per child, per sport to register, insure and outfit children to take part in sporting clubs in the Northern Territory and this can be a heavy impost on the family budget; and

                  (c) call on the Territory and Federal Governments to take immediate steps to reduce the cost of sports participation for Territory Families and such steps ensure, as far as possible, that any child who wants to play sport can play sport and is not prevented from doing so due to cost.

                  Debate resumed.
                  Question – put and negatived.
              19. CARE AND PROTECTION OF CHILDREN AMENDMENT (ADDITIONAL FUNCTIONS) BILL 2010 (Serial 134):
                  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 pursuant to Standing Order 41(c)(v) – Ms Anderson in continuation, 27 minutes remaining.
              20. ADJOURNMENT:
                  The Speaker, pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.
                  Debate ensued.
                  Paper tabled: Mr Elferink, by leave, laid on the Table the following Paper -

                  Minutes of Management Committee Meeting Sunday 15 August 2010 – alleged CLP authorised Minutes (Paper 1132).

                  Debate continued.
                  Paper tabled: Mr McCarthy, by leave, laid on the Table the following Paper -

                  Photographs of children participating in a parliamentary education outreach program at Epenarra and Murray Downs, November 2010 (Paper 1133).
                    Debate continued.
                    And the Assembly adjourned at 10.21pm until 2 December 2010 at 10am.
                    ________________

                    PAPERS:
                    The following Papers were deemed to have been presented on Wednesday 1 December 2010 -
                      Annual Report
                      Heritage Advisory Council, 2009/2010 (Paper 1130)
                  _________________
                      ATTENDANCE:
                      All Members attended the sittings except Ms Scrymgour.
                Last updated: 04 Aug 2016