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

2. PRAYERS.

3. VISITORS:
The Speaker advised Members of the presence in the public galleries of Darwin High School Year 10 students accompanied by Ms Teresa Tate.
On behalf of all Members the Speaker extended a warm welcome to the visitors.

4. SMART COURT BILL 2010 AND PREVENTION OF ALCOHOL-RELATED CRIME SUBSTANCE MISUSE BILL 2010 – DRAFT BILLS MOTION TO NOTE PAPERS:
The Treasurer (Ms Lawrie) laid on the Table two draft Bills,
SMART Court Bill 2010 (Paper 1035); and
Prevention of Alcohol-related Crime Substance Misuse Bill 2010 (Paper 1034).

Ms Lawrie made a statement relating thereto.
Ms Lawrie moved – That the Assembly take note of the Papers and have leave to continued her remarks at a later hour.
Debate adjourned.

5. CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT (NATIONAL UNIFORM LEGISLATION) BILL 2010 (Serial 132):
The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Consumer Affairs and Fair Trading Act to apply as a law of the Territory a national law relating to consumer protection and unfair or undesirable trade practices, to provide for the implementation of that law, and for related purposes.
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, Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Bill 2010 (Paper 1036).

On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.

6. OATHS, AFFIDAVITS AND DECLARATIONS BILL 2010 (Serial 118), and OATHS, AFFIDAVITS AND DECLARATIONS (CONSEQUENTIAL AMENDMENTS) BILL 2010 (Serial 119):
The Order of the Day having been read for the resumption of debate on the question – That the Bills be now read a second time -
Debate resumed.
Question – put and passed
Bills read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
__________________
In Committee

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


Oaths, Affidavits and Declarations Bill 2010 (Serial 118):

Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) Clause 5 negatived, after debate.
New Clauses 5 and 5A.
On the motion of Ms Lawrie the following new Clauses 5 and 5A were inserted in the Bill, after debate –

5 Form of oath
(1) If, under a law in force in the Territory, a person is to take an oath, the form of the oath must be one of the following, according to the person's preference:
(a) I promise ... [content of oath] ;

(b) I swear by Almighty God [or a deity recognised by the person's religion] … [content of oath] … So help me God! [or as appropriate].

(2) If an oath is to be taken by a person (person A), the person administering the oath must:
(a) inform person A that he or she can choose the form of the oath, unless satisfied person A already knows of that choice; and

(b) ask person A to choose his or her preferred form of oath.

(3) Person A is taken to have chosen to take the oath in the form mentioned in subsection (1)(a) if:
(a) person A refuses to make a choice; or

(b) person A indicates he or she does not have a preference; or

(c) the person administering the oath is satisfied it is not reasonably practicable for person A to take an oath in his or her chosen form.

5A Content of oath
The content of the oath is to be:

(a) if the oath is required under an Act that provides for the content of the oath – as so provided; or

(b) if the oath is to be made by a person mentioned in Schedule 1 and paragraph (a) does not apply – as set out in Schedule 1 for that person; or

(c) in any other case – as determined by the person administering the oath to be appropriate in the circumstances.


Clause 6 agreed to.
Clause 7 read.
On the motion of Ms Lawrie the following amendment was agreed to, after debate –

Clause 7(1)

omit

person A "Do you promise [content of oath] ?".

insert

person A:

(a) if the oath is to be taken in the form mentioned in section 5(1)(a) – "Do you promise … [content of oath] ?"; or

(b) if the oath is to be taken in the form mentioned in section 5(1)(b) – "Do you swear by Almighty God [or other deity] … [content of oath] … So help you God! [or as appropriate]?".

______________

Visitors: The Chairman of Committee (Ms Walker) advised members of the presence in the public galleries of Year 5 and Year 6 Bakewell Primary School students.
On behalf of all Members the Chairman of Committees extended a warm welcome to the visitors.
______________

Debate suspended.
_______________

Suspension of sittings: The sittings of the Assembly was suspended between 12noon and 2pm.
_______________
7. NOTICES:
The following Notices were given:
Mr Wood: To move – 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, and
b. peer review assessment for these designs by local experts, and
c. the suitability of the computer program currently used, and
d. the appropriateness of the mandatory requirement of 5 star energy efficiency rating.

8. QUESTIONS:
2.01pm Mrs Lambley to Mr Vatskalis.
2.02pm Mr Gunner to Mr Vatskalis.
Paper tabled: Mr Vatskalis laid on the Table the following Paper –
Report into North Territory Families and Children Intake and Response Services (Paper 1037) and (Paper 681).

2.04pm Mrs Lambley to Mr Henderson.
2.06pm Ms Walker to Mr Henderson.
2.09pm Mr Wood top Mr McCarthy.
2.12pm Ms Purick to Mr Henderson.
2.15pm Ms Scrymgour to Mr Vatskalis.
2.17pm Mr Westra van Holthe to Mr Vatskalis.
2.19pm Mr Gunner to Ms Lawrie.
2.22pm Mr Wood to Mr Henderson.
2.25pm Mr chandler to Mr Vatskalis.
2.26pm Ms Scrymgour to Mr Hampton.
2.29pm Mrs Lambley to Mr Henderson.
2.33pm Mr Wood to Mr Hampton.
2.36pm Ms Walker to Dr Burns.
2.39pm Mr Elferink to Mr McCarthy.
2.42pm Mr Gunner to Mr Hampton.
Paper tabled: Mr Hampton laid on the Table the following Paper –
Elizabeth River Lake Environmental Feasibility Assessment (Paper 1039).

2.45pm Mrs Lambley to Mr Vatskalis.
2.48pm Mr Gunner to Mr Henderson.
2.51pm Mr Wood to Mr Henderson.
2.54pm Mr Tollner to Mr Vatskalis.
2.55pm Ms Walker to Mr McCarthy.
2.58pm Mr Elferink to Mr McCarthy.
3.01pm Mr Elferink to Mr McCarthy supplementary.

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

9. OATHS, AFFIDAVITS AND DECLARATIONS BILL 2010 (Serial 118), and OATHS, AFFIDAVITS AND DECLARATIONS (CONSEQUENTIAL AMENDMENTS) BILL 2010 (Serial 119):
The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – Consideration in Committee of the Whole of the Oaths, Affidavits and Declarations Bill 2010 (Serial 118), Clause 7 and amendments moved by Ms Lawrie.
The Assembly again resolved itself into Committee of the Whole for consideration of the Bills.
__________________
In Committee

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

Oaths, Affidavits and Declarations Bill 2010 (Serial 118):
Clause 7 and amendments moved by Ms Lawrie earlier this day.
On the motion of Ms Lawrie the following further amendment was agreed to, after debate -

After Clause 7(2)

insert

(2A) If the oath is taken in the form mentioned in section 5(1)(b) the words "So help me God!" [or as appropriate] are taken to be an unconditional affirmative answer.


Clause 7, as amended, agreed to.
Clause 8 agreed to.
Clause 9 read.
On the motion of Ms Lawrie the following amendment was agreed to, after debate -

Clause 9(2)

omit

section 5(1)

insert

section 5(1)(a)


Clause 9, as amended, agreed to.
Clause 10 read.
On the motion of Ms Lawrie the following amendment was agreed to, after debate -

omit

sections 5, 7 and 8

insert

sections 5 and 7 to 9


Clause 10, as amended, agreed to.
New Clause 10A.
On the motion of Ms Lawrie the following amendment was agreed to, after debate -

After Clause 10

insert
10A Matters relating to oath in religious form

(1) It is not necessary that a religious text be used in taking an oath.

(2) The fact that at the time of taking an oath a person did not have a religious belief, or did not have a religious belief of a particular kind, does not affect the validity of the oath.


Clause 11 to 32, by leave, taken together and agreed to.
Schedule 1 read.
On the motion of Ms Lawrie the following amendment was agreed to, after debate -

omit

section 5(2)(b)

insert

section 5A(b)


On the motion of Ms Lawrie the following further amendment was agreed to, after debate -

Schedule 1, second column, heading

omit

I promise …


Schedule 1, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
------------------------------

Oaths, Affidavits and Declarations (Consequential Amendments) Bill 2010 (Serial 119):

Clause 1 to 18, by leave, taken together and agreed to.
Clause 19 read.
Clause 19 negatived.
On the motion of Ms Lawrie the following new Clause 19 was inserted in the Bill, after debate -

19 Amendment of Schedule 1

(1) Schedule 1

omit

A.B., do swear

substitute

____________ [promise/swear etc. as required by Oaths, Affidavits and Declarations Act]

(2) Schedule 1
omit

So help me God!

substitute

[So help me God! or as appropriate]

(3) Schedule 1
omit

all the words from “AFFIRMATION” to “ill-will”

Clause 20 to 60, by leave, taken together and agreed to.
Clause 61 read.
Clause 61 negatived.
On the motion of Ms Lawrie the following new Clause 61 was inserted in the Bill, after debate -

After clause 60
insert
61 Amendment of Schedule 6

(1) Schedule 6

omit (all references)

I swear that I will

substitute

I [promise/swear etc. as required by Oaths, Affidavits and Declarations Act] to

(2) Schedule 6
omit (all references)

evidence …………….. So help me, God!

substitute

evidence. [So help me God! or as appropriate]

(3) Schedule 6
omit

all the words from "You swear" to "So help you, God!"

substitute

I [promise/swear etc. as required by Oaths, Affidavits and Declarations Act] that I will keep this jury in my custody and suffer no one to speak to them nor speak to them myself except on some necessary occasion having reference to their health, business or family affairs. [So help me God! or as appropriate]

Clauses 62 to 108, by leave, taken together and agreed to.
Clause 109 read.
Clause 109 negatived.
On the motion of Ms Lawrie the following new Clause 109 was inserted in the Bill, after debate -
After clause 108
insert
109 Amendment of Schedule 1

(1) Schedule 1

omit

do swear

substitute

[promise/swear etc. as required by Oaths, Affidavits and Declarations Act]

(2) Schedule 1
omit

So help me, God.

substitute

[So help me God! or as appropriate]

(3) Schedule 1
omit

all the words from "Affirmation" to "and ability."

Clause 110 to 113, by leave, taken together and agreed to.
Clause 114 read.
Clause 114 negatived, after debate.
On the motion of Ms Lawrie the following new Clause 114 was inserted in the Bill, after debate -

After clause 113
insert
114 Amendment of Schedule 1

(1) Schedule 1

omit

do swear

substitute

[promise/swear etc. as required by Oaths, Affidavits and Declarations Act]

(2) Schedule 1
omit

So help me God!

substitute

[So help me God! or as appropriate]

(3) Schedule 1
omit

all the words from "I, , do solemnly" to "or ill will."

Clause 115 read.
Clause 115 negatived, after debate.
On the motion of Ms Lawrie the following new Clause 115 was inserted in the Bill, after debate -

After clause 114
insert
115 Amendment of Schedule 2

(1) Schedule 2

omit

do swear

substitute

[promise/swear etc. as required by Oaths, Affidavits and Declarations Act]

(2) Schedule 2
omit

So help me God!

substitute

[So help me God! or as appropriate]

(3) Schedule 2
omit

all the words from " I, , do solemnly" to "or ill will."


Clauses116 to 202, by leave, taken together and agreed to.
Schedule 1 read.
On the motion of Ms Lawrie the following amendments, by leave, were taken together and agreed to, after debate -

Schedule 1, amendment of Director of Public Prosecutions Act, Schedule
omit, insert

Schedule

A.B., do swear So help me God! all the words from "AFFIRMATION" to "Prosecutions."

___________ [promise/ swear etc. as required by Oaths, Affidavits and Declarations Act] [So help me God! or as appropriate]

Schedule 1, amendment of Justices of the Peace Act, Schedule 2

omit, insert

Schedule 2

do swear So help me God! all the words from "AFFIRMATION" to "or ill-will."

[promise/swear etc. as required by Oaths, Affidavits and Declarations Act] [So help me God! or as appropriate]

Schedule 1, amendment of Magistrates Act, Schedule

omit, insert

all the words from "AFFIRMATION" to "or ill-will."___________ [promise/ swear etc. as required by Oaths, Affidavits and Declarations Act]

Schedule 1, amendment of Northern Territory Rail Safety Act omit Schedule 1, amendment of Police Administration Act, Schedule, Form 1 omit, insert Schedule, Form 1

A.B., do swear law – So help me God! Before

___________ [promise/ swear etc. as required by Oaths, Affidavits and Declarations Act] law. [So help me God! or as appropriate] Administered by

Schedule 1, amendment of Police Administration Act, Schedule, Form 3
omit, insert

all the words from "FORM OF AFFIRMATION" to "Tribunal."[promise/swear etc. as required by Oaths, Affidavits and Declarations Act]

[So help me God! or as appropriate]

Schedule 1, after amendment of Public Trustee Act insert Rail Safety Act 2010
section 126(1)(c)	make an oath or affirmation	take an oath
section 132(2)	or affirmation

Schedule 1, after amendment of Residential Tenancies Act
insert

Schedule 1, after amendment of Traffic Act
insert

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010
section 61(3)(b)	Sworn	made on oath
section 61(6)	the information mentioned in subsection (3) was not sworn, duly sworn	the application was made as mentioned in subsection (3)(b), duly made on oath

Schedule 1, as amended, agreed to.
Schedule 2 read.
On the motion of Ms Lawrie the following amendment was to agreed to, after debate -

Schedule 2, amendment of Legal Profession Admission Rules, Schedule 1
omit, insert

Schedule 1

do swear SO HELP ME GOD! all the words from "AFFIRMATION" to "ability."

[promise/swear etc. as required by Oaths, Affidavits and Declarations Act] [So help me God! or as appropriate]

Schedule 2, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
______________________

The Assembly resumed; the Speaker (Mrs Aagaard) took the Chair; the Chair of Committees and Deputy Speaker (Ms Walker) reported that the Committee had agreed to the Bills, with amendments.
Reports adopted.
Paper tabled: Ms Lawrie laid on the Table the following paper –
Oaths and Affirmations Court Procedure (Paper 1040).

On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) the Bills were read a third time and passed to be proposed laws, after debate.

10. PENALTIES AMENDMENT (JUSTICE AND TREASURY LEGISLATION) BILL 2010 (Serial 124):
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.

11. ENOUGH IS ENOUGH – PROPOSED ALCOHOL REFORMS – 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 Report –
Debate resumed.
Extension of time: On the motion of the Member for Greatorex (Mr Conlan) the Member for Araluen (Mrs Lambley) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Extension of time: On the motion of the Member for Araluen (Mrs Lambley) the Member for Greatorex (Mr Conlan) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Extension of time: On the motion of the Member for Johnston (Dr Burns) the Member for Nhulunbuy (Ms Walker) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Extension of time: On the motion of the Member for Johnston (Dr Burns) the Member for Arafura (Ms Scrymgour) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Extension of time: On the motion of the Member for Arnhem (Ms McCarthy) the Member for Johnston (Dr Burns) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
On the motion of the Member for Arnhem (Ms McCarthy) debate was adjourned.

12. NEXT MEETING:
The Leader of Government Business (Dr Burns) moved – That the Assembly at its rising adjourn until Tuesday 23 November 2010 at 10am in Parliament House, or such other time and/or date as may be advised by the Speaker, pursuant to Sessional Order.
Question – put and passed.

13. ADJOURNMENT:
The Member for Arnhem (Ms McCarthy) moved – That the Assembly do now adjourn.
Debate ensued.
Debate continued.
Question - put and passed.
And the Assembly adjourned at 7.42pm until Tuesday 23 November 2010 at 10am or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
________________

PAPERS:
The following Papers were deemed to have been presented on Thursday 28 October 2010 -

Annual Reports
Commercial Passenger Vehicle Board, 2009/2010 (Paper 1043)
Community Justice Centre, 2009/2010 (Paper 1044)
Department of Business and Employment, 2009/2010 (Paper 1042)
Department of Construction and Infrastructure, 2009/2010 (Paper 1045)
Department of Health and Families, 2009/2010 (Paper 1051)
Department of Housing, Local Government and Regional Services, 2009/2010 (Paper 1052)
Department of Justice, 2009/2010 (Paper 1053)
Department of Natural Resources, Environment, The Arts and Sport, 2009/2010 (Paper 1057)
Department of Resources, 2009/2010 (Paper 1061)
Department of the Legislative Assembly, 2009/2010 (Paper 1038)
Director of Public Prosecutions Northern Territory of Australia, 2009/2010 (Paper 1060)
Electricity Safety Regulator, 2009/2010 (Paper 1046)
Environment Protection Authority, 2009/2010 (Paper 1047)
Freedom of Information, Privacy Protection & Public Interests Disclosures in the Northern Territory, 2009/2010 (Paper 1048)
Guidelines, Issued by the Commissioner for Public Interest Disclosures for the purposes of section 47 of the Public Interest Disclosure Act, September 2010 (Paper 1049)
Health and Community Services Complaints Commission (Paper 1050)
Mental Health Review Tribunal Northern Territory, 2009/2010 (Paper 1055)
Museums & Art Galleries Board of the Northern Territory, 2009/2010 (Paper 1056)
Northern Territory Anti-Discrimination Commission, 2009/2010 (Paper 1041)
Northern Territory Licensing Commission, 2009/2010 (Paper 1054)
Northern Territory Treasury Corporation, 2009/2010 (Paper 1064)
Northern Territory Treasury, 2009/2010 (Paper 1063)
Power and Water Corporation, 2009/2010 (Paper 1059)
TIO, The Territory Way, 2009/2010 (Paper 1062)
Utilities Commission, 2009/2010 (Paper 1065)
Utilities Commission, Review of options for the Development of a Retail Price Monitoring Regime for Contestable Electricity Customers, Final Report – September 2010 (Paper 1066)

Ombudsman Report
OmbudsmanNT, Report to The Honourable Delia Lawrie MLA Minister for Justice and to: Legislative Assembly, pursuant to section 64(1) of the Surveillance Devices Act 2007 (Northern Territory) for period 1 January 2010 to 30 June 2010 (Paper 1058)
OmbudsmanNT, Report of Investigation into the treatment of Cattle & Horses at Charles Darwin University Mataranka Station – Volume 1 and II (Paper 1074)

Professional Standards Act 2004 (NT)
Engineers Australia NT Scheme (Paper 1068)
The CPA Australia Ltd (Northern Territory) Scheme (Paper 1067)
The Institute of Chartered Accountants in Australia (Northern Territory) Scheme (Paper 1069)

Surveillance Devices Act
Annual Reporting Requirement, 2009-10 (Paper 1070)

TIO Group Report
TIO MAC Report, Statement of Corporate Intent – 1 July 2009 to 30 June 2010 (Paper 1072)
TIO Statement of Corporate Intent – 1 July 2009 to 30 June 2010 (Paper 1071)

Regulations 2010
No. 22, Rail Safety Regulations (Paper 1073)
_________________
ATTENDANCE:
All Members attended the sittings, except Ms Anderson, on leave.

Ian McNeill
Clerk of the Legislative Assembly