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Minutes of Proceedings - 2011-10-18

1. MEETING:
      The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 18 October 2011. The Speaker, the Honourable J. L. Aagaard, took the Chair.

2. PRAYERS.

3. ABSENCE OF THE CLERK:
      The Speaker advised Members of the absence of the Clerk, Mr Ian McNeill for the October sittings 2011, due to sick leave.

4. MESSAGE FROM THE ADMINISTRATOR – MESSAGE NO. 29:
Assent to Proposed Laws

I, Thomas Ian Pauling, AO QC the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:

17 August 2011
Traffic and Other Legislation Amendment Act 2011 (Act No 22 of 2011)
        31 August 2011
        Commercial Arbitration (National Uniform Legislation) Act 2011 (Act No 23 of 2011)
        Justice (Corrections) and Other Legislation Amendment Act 2011 (Act No 24 of 2011)
        Justice and Other Legislation Amendment Act 2011 (Act No 25 of 2011)
        Occupational Licensing (National Uniform Legislation) Act 2011 (Act No 26 of 2011)
        Penalties Amendment (Chief Minister’s and Other Portfolios) Act 2011 (Act No 27 of 2011)
        Penalties Amendment (Children and Families, Health and Primary Industry, Fisheries and Resources) Act 2011 (Act No 28 of 2011)
        Public Sector Employment and Management Amendment Act 2011 (Act No 29 of 2011)
        Statute Law Revision Act 2011 (Act No 30 of 2011)

        Dated 7 September 2011.
        Thomas Ian Pauling, AO QC
        Administrator (Paper 1480)

    5. SPEAKER’S WARRANT FOR DEPUTY CHAIRS:
        The Speaker pursuant to Standing Order 12 laid on the Table her Warrant nominating the following Members to act as a Deputy Chair of Committees when required so to do:
            Mr M Gunner, Ms M Scrymgour, Mr R Bohlin, Mr P Chandler, Mr P Styles and Mrs R Lambley
        Dated 18 October 2011.


        Signed
        Jane Aagaard
        Speaker (Paper 1481)

    6. FIRE AND EMERGENCY SERVICES AMENDMENT REGULATION 2011 (No. 29/2011), PART – DISALLOWANCE MOTION, NEGATIVED:
        The Leader of the Opposition (Mr Mills), pursuant to notice, moved - That Item 2 (Attendance if no fire or other emergency) of the table to Schedule 4 of the Fire and Emergency Services Amendment Regulation 2011 (No. 29/2011), be disallowed.
        Debate ensued.
        ____________________

        Pairs: The Speaker advised Members of the following Pair arrangements for today and Tabled the Pair document –
    The Member for Arafura (Ms Scrymgour) for the Member for Port Darwin (Mr Elferink) – period 10.45am to 12 Noon, 18 October 2011 (Paper 1482).
          Dated 18 October 2011.

          Signed
          Jane Aagaard
          Speaker (Paper 1482)
        ____________________

        Debate continued.
        Paper tabled: The Member for Port Darwin (Mr Elferink), by leave, laid on the Table the following Paper -
    Letter, Mr Andy Smith Secretary, Lameroo Body Corporate, dated 16 March 2011 re Fire Alarm Charges (Paper 1483).

        Debate continued.
        Leave denied: And in reply the Leader of the Opposition (Mr Mills) sought leave to continue his remarks at a later hour.
        There being a dissentient voice, leave denied.
        Main question put – put and negatived on the voices.
    7. CASH FOR CONTAINERS – MOTION:
        The Chief Minister (Mr Henderson), by leave, moved - That the Northern Territory Assembly:-

        1. Acknowledges that all Members of this Assembly voted in support of the cash for containers scheme in February this year;
          2. Recognises that the cash for containers scheme is the best practice model for the promotion of container recycling;
            3. Calls on all industry to respect the views of Territorians and cooperate with the cash for containers scheme as they do in South Australia; and
            4. Calls on industry, including Coca-Cola Amatil, to rule out a legal challenge against the cash for containers scheme.

            Debate ensued.
            Debate suspended.
        ___________________
            Suspension of sittings: The sittings of the Assembly were suspended between 12 Noon and 2pm.
        ___________________
            Visitors: The Speaker advised Members of the presence in the public gallery of a delegation of Hong Kong travel agents visiting Darwin, Ms Lavin Yu, Ms Ferris Hung, Ms Anny Shi and Ms Rudy Wang.
            On behalf of all Members the Speaker extended a warm welcome to the visitors.
            Pairs: The Speaker laid on the Table the following further Pair arrangements for today and Tabled the Pair document –
        Member for Arafura (Ms Scrymgour) with the Member for Araluen (Mrs Lambley) for the period 3.15pm to 5pm, 18 October 2011 (Paper 1484).
                  Dated 18 October 2011.


                  Signed
                  Jane Aagaard
                  Speaker (Paper 1484)
          8. NOTICES:
              The following Notices were given:

              Mr Henderson: To move –
                          That, the Northern Territory Legislative Assembly:-

                          1. Calls on the Commonwealth Government to deliver their commitment to provide a GP Super Clinic for the Northern Suburbs of Darwin;
                            2. Calls on the coalition and Country Liberals to drop their opposition to a GP Super Clinic for the Northern Suburbs of Darwin;
                              3. That this motion be forwarded on to the Commonwealth Health Minister, Shadow Health Minister and all Northern Territory Federal Members of Parliament.

                  Ms Lawrie: To present Serious Crime Control Amendment Bill 2011 (Serial 182).

                  Ms Lawrie: To present the Fines and Penalties (Recovery) and Other Legislation Amendment Bill 2011 (Serial 181).

                  Dr Burns: To present the Education and Care Services (National Uniform Legislation) Bill 2011 (Serial 176).
              9. QUESTIONS:
                  2.01pm Mr Mills to Mr Henderson.
                  2.05pm Mr Mills to Mr Henderson supplementary.
                  Paper tabled: Mr Henderson laid on the Table the following Paper –
              Recorded Assaults Between July and September by Region and Alcohol Involvement, Table 1 (Paper 1485).

                  2.07pm Mr Gunner to Mr Henderson.
                  2.10pm Ms Anderson to Mr Hampton.
                  2.14pm Ms Walker to Ms Lawrie.
                  2.18pm Mr Westra van Holthe to Mr Knight and referred to Ms Lawrie.
                  2.21pm Mr Wood to Mr Henderson.
                  2.22pm Ms Scrymgour to Mr Vatskalis.
                  2.25pm Mr Giles to Mr G. McCarthy and referred to Ms Lawrie.
                  2.29pm Mr Gunner to Ms Lawrie.
                  2.31pm Mr Wood to Ms M. McCarthy.
                  2.33pm Mr Giles to Ms M. McCarthy.
                  2.35pm Ms Walker to Ms M. McCarthy.
                  2.39pm Mr Tollner to Mr Knight.
                  2.41pm Ms Scrymgour to Dr Burns.
                  2.44pm Mr Tollner to Mr Knight and referred to Ms Lawrie.
                  2.48pm Mr Gunner to Mr Hampton.
                  2.52pm Mr Mills to Mr Henderson.
                  2.56pm Ms Walker to Dr Burns.
                  2.59pm Mr Wood to Mr Hampton.
                  3.01pm Ms Scrymgour to Mr Knight.

                  The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.

              10. CASH FOR CONTAINERS – MOTION, AS AMENDED, AGREED TO:
                  The Order of the Day having been read for the resumption of debate question, suspended earlier this day -

                  That the Northern Territory Legislative Assembly:-

                  1. Acknowledges that all Members of this Assembly voted in support of the cash for containers scheme in February this year;
                    2. Recognises that the cash for containers scheme is the best practice model for the promotion of container recycling;
                      3. Call on all industry to respect the views of Territorians and cooperate with the cash for containers scheme as they do in South Australia; and
                      4. Call on industry, including Coca-Cola Amatil, to rule out a legal challenge against the cash for containers scheme.

                      Debate ensued.
                      The Member for Nelson (Mr Wood) moved the following amendment –
                      Add at the end of the motion the following new paragraph -

                          (5) Calls on the Federal Government, specifically the Minister for Environment, Mr Tony Burke and supported by the Shadow Minister Mr Greg Hunt, to introduce legislation by the end of 2012 to enable a National Cash for Container System to operate across Australia.

                      Debate continued.
                      Extension of time: On the motion of the Member for Nelson (Mr Wood) the Member for Johnston (Dr Burns) was granted an extension of time, pursuant to Standing Order 77.

                      Debate continued.
                      Question – That the amendment moved by the Member for Nelson (Mr Wood), be agreed to – put and passed.
                      Question – That the main motion, as amended, be agreed to – put and passed.

                  11. CRIMINAL JUSTICE LEGISLATION AMENDMENT BILL 2011 (Serial 173):
                      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.
                  12. GOVERNMENT RESPONSE TO “RECENT COMMUNITY TRIPS”, FOURTH REPORT OF THE COUNCIL OF TERRITORY CO-OPERATION – REPORT NOTED:
                      The Order of the Day having been read for the resumption of the debate on the question – That the Assembly take note of the Report -
                      Debate resumed.
                      Extension of time: On the motion of the Member for Nelson (Mr Wood) the Member for Johnston (Dr Burns) was granted an extension of time, pursuant to Standing Order 77.

                      Debate continued.
                      Question – put and passed.

                  13. TRAVEL REPORTS OF MEMBERS - PAPERS TABLED:
                      The Speaker laid on the Table the following Travel Reports -
                  Travel Report – Remuneration Tribunal Determination Paragraph 3.15 (Interstate):Travel Report by the Member for Katherine (Mr Westra van Holthe) pursuant to the Remuneration Tribunal Determination Paragraph 3.15 – Interstate Travel to Queensland to attend the 2011 Conference of State Parliamentarians and made a presentation on live cattle issues and ramifications for NT economy, 18 to 20 August 2011 (Paper 1498); and

                  Travel Report – The Member for Nhulunbuy (Ms Walker), travel to 57th Commonwealth Parliamentary Conference in London 22 to 27 July 2011 as a delegate of the Northern Territory Branch of the Commonwealth Parliamentarians’ Association (Paper 1499).

                  14. GREENEST TERRITORY GOVERNMENT – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
                      The Chief Minister (Mr Henderson) made a statement relating to plans to expand the environmental credentials and programs of the Territory Government.
                      Mr Henderson moved – That the Assembly take note of the Statement.
                      Debate ensued.
                      Extension of time: On the motion of the Member for Drysdale (Mr Bohlin) the Member for Brennan (Mr Chandler) was granted an extension of time, pursuant to Standing Order 77.

                      Debate continued.
                      On the motion of the Leader of Government Business (Dr Burns) debate was adjourned.

                  15. MATTER OF PUBLIC IMPORTANCE – CARBON TAX GRAB BY COMMONWEALTH GOVERNMENT:
                      The Speaker advised the Assembly the Member for Fong Lim (Mr Tollner) had proposed the following definite Matter of Public Importance for discussion this day:

                          The implications of the Commonwealth Government’s Carbon Tax grab on the Northern Territory and the failure of the Henderson Labor Government to support the will of the Legislative Assembly.
                      The proposed discussion having received the necessary support –
                      Discussion ensued.
                      Discussion concluded.

                  16. ADJOURNMENT:
                      The Leader of Government Business (Dr Burns) moved – That the Assembly do now adjourn.
                      Debate ensued.
                      Paper tabled: Mr Elferink, by leave, laid on the Table the following Paper –
                  Photograph of painting of Margaret Somerville (Paper 1500).

                      Debate continued.
                      And the Assembly adjourned at 9.30pm until Wednesday 19 October 2011 at 10am.
                      ________________

                      PAPERS:
                      The following Papers were deemed to have been presented on 18 October 2011 –
                      Annual Reports
                      Auditor-General’s Office Audited Financial Statements – Year ended 30 June 2011 (Paper 1486)

                      Regulations 2011
                      No. 34, Mutual Recognition (Temporary Exemption for Beverage Containers) Regulations (Paper 1487)
                      No. 35, Mutual Recognition (Temporary Exemption for Prohibited Plastic Bags) Regulations (Paper 1488)
                      No. 36, Trans-Tasman Mutual Recognition (Temporary Exemption for Beverage Containers) Regulations (Paper 1489)
                      No. 37, Trans-Tasman Mutual Recognition (Temporary Exemption for Prohibited Plastic Bags) Regulations (Paper 1490)
                      No. 38, Liquor Amendment Regulations (No. 2) (Paper 1491)
                      No. 39, Mineral Titles Regulations (Paper 1492)
                      No. 40, Pastoral Land Amendment Regulations (Paper 1493)
                      No. 41, Traffic Amendment Regulations (Paper 1494)
                      No. 42, Misuse of Drugs Amendment (Synthetic Cannabinoids) Regulations (No. 2) (Paper 1495)
                      No. 43, Fire and Emergency Amendment (Smoke Alarm) Regulations (Paper 1496)
                      No. 44, Environment Protection (Beverage Containers and Plastic Bags) Amendment Regulations (No. 2) (Paper 1497)
                  _________________
                      ATTENDANCE:
                  All Members attended the sittings.
                  Last updated: 04 Aug 2016
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