Minutes of Proceedings - 2009-11-26
- 1. MEETING:
The Assembly met at 9.30am, Alice Springs. The Speaker, the Honourable J. L. Aagaard, took the Chair.
Visitors: The Speaker advised Members of the presence in the galleries of Braitling Primary School Year 3/4B students together with Ms Amanda Bond and Mrs Tracey-Lee Forrester.
On behalf of all honourable Members the Speaker extended a warm welcome.
- The Minister for Education and Training (Mr Henderson), pursuant to notice, presented a Bill for an Act to amend the Teacher Registration (Northern Territory) 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 –
On the motion of the Member for Goyder (Ms Purick) debate was adjourned.
4. SALE OF LAND (RIGHTS AND DUTIES OF PARTIES) BILL 2009 (Serial 82):
- The Minister for Planning and Lands (Ms Lawrie), pursuant to notice, presented a Bill for an Act about rights and duties of parties to a contract for the sale of land.
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 –
On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
5. RESIDENTIAL TENANCIES AMENDMENT BILL 2009 (Serial 84):
- The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Residential Tenancies Act.
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 –
On the motion of the Member for Goyder (Ms Purick) debate was adjourned.
6. SUPREME COURT AMENDMENT (MEDIATION) BILL 2009 (Serial 63):
- The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Supreme Court Act.
Bill read a first time.
Ms Lawrie moved – That the Bill be now read a second time.
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Visitors: The Speaker advised Members of the presence in the galleries of Sadadeen Primary School Years 5 and 6 students together with their Assistant Principal, Ms Wendy Haynes, and teachers, Mrs Heather Lysaght, Ms Lonia Mitchell, Mrs Lauren Barrett, and ISAs, Mr Stephane Theriault and Ms Lynne Bielefeld.
On behalf of all honourable Members the Speaker extended a warm welcome.
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Debate ensued.
Paper tabled: Ms Lawrie laid on the Table the following Paper –
On the motion of the Member for Goyder (Ms Purick) debate was adjourned.
7. TRADE MEASUREMENT LEGISLATION REPEAL BILL 2009 (Serial 81):
- The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to repeal the Trade Measurement Act and Trade Measurement Administration Act, 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 –
On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
- The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Payroll Tax Act.
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 –
On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
9. MINING AMENDMENT BILL 2009 (Serial 60):
- The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Mining Act.
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 –
On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
10. HEALTH PRACTITIONER REGULATION (NATIONAL UNIFORM LEGISLATION) BILL 2009 (Serial 76):
- The Minister for Health (Mr Vatskalis), pursuant to notice, presented a Bill for an Act to apply as a law of the Territory a national law relating to health practitioner regulation, and for related purposes.
Bill read a first time.
Mr Vatskalis moved – That the Bill be now read a second time.
Debate ensued.
Paper tabled: Mr Vatskalis laid on the Table the following Paper –
Explanatory Statement, Health Practitioner Regulation National Law Bill 2009 (Qld) Notes (Paper 612).
On the motion of the Member for Blain (Mr Mills) debate was adjourned.
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Visitors: The Speaker advised Members of the presence in the galleries of Wallace Rockhole School senior class together with Ms Maryse Turenne, Ms Angela Abbott and Ms Melissa Powell.
On behalf of all honourable Members the Speaker extended a warm welcome.
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- The Minister for Environment and Heritage (Mr Hampton), pursuant to notice, presented a Bill for an Act to amend the Environment Protection Authority Act.
Bill read a first time.
Mr Hampton moved – That the Bill be now read a second time.
Debate ensued.
Paper tabled: Mr Hampton laid on the Table the following Paper –
On the motion of the Member for Brennan (Mr Chandler) debate was adjourned.
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Visitors: The Speaker advised Members of the presence in the galleries of ANZAC Hill High School Year 7 students, together with teachers Mrs Michele Marshall and Year 7 Coordinator, Ms Mandy Hargreaves.
On behalf of all honourable Members the Speaker extended a warm welcome.
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- The Minister for Transport (Mr McCarthy), pursuant to notice, presented a Bill for an Act to make provision for rail safety and other matters that form part of a system of nationally consistent rail safety laws.
Bill read a first time.
Mr McCarthy moved – That the Bill be now read a second time.
Paper tabled: Mr McCarthy laid on the Table the following Paper –
On the motion of the Member for Braitling (Mr Giles) debate was adjourned.
- The Leader of Government Business (Dr Burns), pursuant to notice, moved - That the Assembly –
1. Adopt Recommendation No. 1 of the Third Report of the Standing Orders Committee 11th Assembly and the recommended changes to Standing Orders in Chapters IX and XII as circulated to Members;
Leave granted to Dr Burns to continue his remarks at a later hour - Debate adjourned.
14. EDUCATION AMENDMENT (YOUTH PARTICIPATION) BILL 2009 (Serial 59):
- The Order of the Day having been read for the consideration of the Bill in Committee of the Whole, further consideration of proposed new clause 5A -
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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In Committee
(Deputy Speaker and Chair of Committees Ms Walker)
(Deputy Speaker and Chair of Committees Ms Walker)
New Clause 5A.
The Leader of the Opposition (Mr Mills) moved – That the following New Clause 5A be inserted in the Bill.
- After clause 5
insert
5A Amendment of section 22 (Compulsory attendance)
Section 22(5)
omit, substitute
(5) The court that finds a parent or the parents of a child guilty of an offence against subsection (3) must refer the parent or parents to an appropriate Agency within the meaning of the Youth Justice Act for consideration for entering into a family responsibility agreement under that Act in relation to the child.
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Visitors: The Chair advised Members of the presence in the galleries of Araluen Christian College Year 7 and 8 students accompanied by their teachers, Mrs Jenny McAllan and Mr Mandla Khumalo.
Visitors: The Chair advised Members of the presence in the galleries of ANZAC Hill High School Year 8 students accompanied by Ms Narelle Cameron, Ms Anita Togolo and Mr Michael Kanaan.
On behalf of all honourable Members the Chair extended a warm welcome.
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Question - New Clause 5A be inserted - put.
The Assembly divided (the Deputy Speaker, Ms Walker, in the Chair) -
AYES, 12 NOES, 13
Ms Anderson Mrs Aagaard
Mr Bohlin Dr Burns
Ms Carney Mr Gunner
Mr Chandler Mr Hampton
Mr Conlan Mr Henderson
Mr Elferink Mr Knight
Mr Giles Ms Lawrie
Mr Mills Ms McCarthy
Ms Purick Mr McCarthy
Mr Styles Ms Scrymgour
Mr Tollner Mr Vatskalis
Mr Westra van Holthe Ms Walker
Mr Wood
Tellers: Ms Carney
Mr Gunner
Amendment negatived accordingly.
Clause 6 read.
Mr Mills moved the following amendment –
- Clause 6, proposed section 22A(3)
omit, substitute
(3) The court that finds a parent or the parents of a child guilty of an offence against subsection (2) must refer the parent or parents to an appropriate Agency within the meaning of the Youth Justice Act for consideration for entering into a family responsibility agreement under that Act in relation to the child.
Debate suspended.
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Suspension of sittings: The sittings of the Assembly was suspended between 12 Noon and 1.30pm.
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- The following Notices were given:
Mr Henderson: To present the Public Information Bill 2009 (Serial 77).
Ms Carney: To present the Care and Protection of Children (Children’s Commissioner) Amendment Bill 2009 (Serial 89).
- 1.31pm Mr Mills to Mr Henderson.
1.36pm Ms Walker to Mr Henderson.
1.40pm Mr Giles to Mr Henderson.
1.43pm Mr Gunner to Mr Hampton.
1.47pm Mr Giles to Mr Henderson.
1.50pm Mr Wood to Mr McCarthy.
1.52pm Mr Giles to Mr Henderson and referred to Ms Lawrie.
1.58pm Ms Walker to Mr Henderson.
Paper tabled: Mr Henderson laid on the Table the following Paper –
2.05pm Mr Giles to Mr Knight.
2.11pm Ms Anderson to Mr Henderson.
2.12pm Mr Gunner to Ms Lawrie.
2.16pm Mr Tollner to Mr Henderson.
2.20pm Ms Scrymgour to Mr Hampton.
2.24pm Mr Wood to Mr McCarthy.
2.31pm Mr Styles to Mr Vatskalis.
The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
- The Order of the Day having been read for consideration in Committee of the Whole, suspended earlier this day, relating to Clause 6 and an amendment moved by the Leader of the Opposition (Mr Mills) –
The Assembly resolved itself into Committee of the Whole for further consideration of the Bill.
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In Committee
(Deputy Speaker and Chair of Committees Ms Walker)
In Committee
(Deputy Speaker and Chair of Committees Ms Walker)
Clause 6 and amendment moved by the Leader of the Opposition (Mr Mills) earlier this day as follows –
- Clause 6, proposed section 22A(3)
omit, substitute
(3) The court that finds a parent or the parents of a child guilty of an offence against subsection (2) must refer the parent or parents to an appropriate Agency within the meaning of the Youth Justice Act for consideration for entering into a family responsibility agreement under that Act in relation to the child.
Debate resumed.
Question - That the amendment be agreed to - put.
The Assembly divided (the Deputy Speaker, Ms Walker, in the Chair) -
AYES, 12 NOES, 13
Ms Anderson Mrs Aagaard
Mr Bohlin Dr Burns
Ms Carney Mr Gunner
Mr Chandler Mr Hampton
Mr Conlan Mr Henderson
Mr Elferink Mr Knight
Mr Giles Ms Lawrie
Mr Mills Ms McCarthy
Ms Purick Mr McCarthy
Mr Styles Ms Scrymgour
Mr Tollner Mr Vatskalis
Mr Westra van Holthe Ms Walker
Mr Wood
Tellers: Ms Carney
Mr Gunner
Amendment negatived accordingly.
Clause 6, as printed, agreed to.
Clauses 7 agreed to.
Clause 8 read.
Debate ensued.
Question - put.
The Assembly divided (the Deputy Speaker, Ms Walker, in the Chair) -
AYES, 13 NOES, 12
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
Tellers: Ms Carney
Mr Gunner
And so it was resolved in the affirmative.
Clause 8 agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
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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 without amendment.
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.
- The Chief Minister (Mr Henderson) laid on the Table the Remuneration Tribunal Report on the Entitlements of Assembly Members and Determination No. 1 of 2009 (Paper 613).
Mr Henderson moved - That the Report be printed.
Question - put and passed.
Mr Henderson made a statement relating thereto.
- Mr Henderson moved - That the Assembly take note of the Report and that leave be granted to continue his remarks at a later hour.
Leave granted - Debate adjourned.
- The Treasurer (Ms Lawrie) laid on the Table the Treasurer's Mid-Year Report 2009/2010(Paper 638).
Ms Lawrie made a statement relating thereto.
Ms Lawrie moved - That the Assembly take note of the Report.
On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
- 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 Committee of the Whole for consideration of the Bill.
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In Committee
(Deputy Speaker and Chair of Committees Ms Walker)
(Deputy Speaker and Chair of Committees Ms Walker)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Treasurer (Ms Lawrie) the following amendment was agreed to, after debate –
- Clause 4(1), definition bookmaker tax, after "106(1)"
insert
or (2A)
Clause 5 agreed to.
Clause 6 read.
On the motion of Ms Lawrie the following amendment was agreed to –
- Clause 6, proposed section 106(1)
omit
A bookmaker
substitute
A sports bookmaker (other than a country bookmaker)
- Clause 6, after proposed section 106(2)
insert
(2A) A registered bookmaker or country bookmaker must pay to the Commission, on or before the 14th day of each calendar month, a tax:
- (a) imposed on the amount (the monthly amount) worked out by deducting the total amount of bets made by the bookmaker during the preceding calendar month with an agent as defined in the Totalisator Licensing and Regulation Act for making a back bet or lay off bet from the total amount of bets made by persons during that calendar month with the bookmaker; and
(b) calculated at the rate of 0.33% on the monthly amount.
On the motion of Ms Lawrie the following further amendment was agreed to –
- Clause 6, proposed section 106(3)
omit
the tax
substitute
an amount of the tax payable under subsection (1) or (2A)
- Clause 6, proposed section 106(5)
omit
For this section, a bookmaker's
substitute
For subsection (1), a sports bookmaker's
- Clause 6, proposed section 106(6)
omit
all the words from "However" to "month:"
substitute
In addition, the following amounts must be disregarded in working out the sports bookmaker's gross monthly profit for the month:
Clause 7 read.
On the motion of Ms Lawrie the following amendment was agreed to –
- Clause 7, proposed section 158(1)
omit, substitute
(1) Section 106(1) as inserted by the amending Act applies in relation to a sports bookmaker's gross monthly profit for January 2010 and each subsequent month.
(1A) Section 106(2A) as inserted by the amending Act applies in relation to the monthly amount of a registered bookmaker or country bookmaker for January 2010 and each subsequent month.
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 Treasurer (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
- 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.
Paper tabled: Mr Elferink, by leave, laid on the Table the following Paper -
Debate continued.
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 Treasurer (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
- 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 Local Government (Mr Knight) the Bill was read a third time and passed to be a proposed law.
23. FIRE AND EMERGENCY LEGISLATION AMENDMENT BILL 2009 (Serial 62):
- 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 Chief Minister (Mr Henderson) the Bill was read a third time and passed to be a proposed law.
24. STANDING ORDERS COMMITTEE - THIRD REPORT OF THE 11TH ASSEMBLY – COGNATE DEBATE ON MOTION TO NOTE AND ADOPT RECOMMENDATIONS – MOTIONS AGREED TO:
- The Leader of Government Business (Dr Burns) moved –
That,
1. Intervening business be postponed until after consideration of the motions to -
- (a) Note the Third Report of the Standing Orders Committee of the 11th Assembly; and
- (b) Adopt Recommendation No.1 and noting of Recommendations 2, 3 and 4 of the Third Report of the Standing Orders Committee; and
2. Debate on these motions be taken cognately with separate questions being put on each motion.
Question – put and passed.
Debate ensued on the motions cognately.
Quorum: The Member for Braitling (Mr Giles) drew the Speaker’s attention to the state of the House –
Bells having been rung and a quorum having been obtained - the Assembly resumed.
Debate continued.
Question – That the Assembly Note the Third Report of the Standing Orders Committee of the 11th Assembly - put and passed.
Question – That the Assembly adopt Recommendation No.1 and note Recommendations 2, 3 and 4 of the Third Report of the Standing Orders Committee - put and passed.
- 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 constraints placed on business by the Henderson Labor Government’s lack of investment in necessary infrastructure, planning, essential services and housing.
Discussion ensued.
Paper tabled: Ms Anderson, by leave, laid on the Table the following Paper -
Discussion continued.
Paper tabled: Mr Giles, by leave, laid on the Table the following Paper –
Discussion continued.
Discussion concluded.
- The Treasurer (Ms Lawrie) moved – That the Assembly do now adjourn.
Debate ensued.
And the Assembly adjourned at 10pm until Tuesday 16 February 2010 at 10am or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
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PAPERS:
The following Papers were deemed to have been presented on 26 November 2009:
Annual Reports
Child Protection (Offender Reporting and Registration) Act 2004, 2008/2009 (Paper 641)
Children’s Commissioner Northern Territory, 2008/2009 (Paper 627)
Cobourg Peninsula Sanctuary and Marine Park Board, 2008/2009 (Paper 622)
Darwin Port Corporation, 2008/2009 (Paper 620)
Darwin Waterfront Corporation, 2008/2009 (Paper 618)
Department of Local Government and Housing, 2008/2009 (Paper 615)
Department of Planning and Infrastructure, 2008/2009 (Paper 617)
Department of the Legislative Assembly, 2008/2009 (Paper 614)
Desert Knowledge, 2008/2009 (Paper 619)
Land Development Corporation, 2008/2009 (Paper 616)
Nitmiluk National Park Board, 2008/2009(Paper 623)
NT Child Deaths Review and Prevention Committee, 2008/2009 (Paper 626)
NT Police, Fire and Emergency Services, 2008/2009 (Paper 625)
Surveyors Board of the Northern Territory of Australia, 2008/2009 (Paper 621)
Tourism NT, 2008/2009 (Paper 624)
Corrigenda
Department of Health and Families Annual Report, 2008/2009 - Corrigenda to (Paper 639)
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- ATTENDANCE:
All Members attended the sittings.
Ian McNeill
Clerk of the Legislative Assembly.
Last updated: 04 Aug 2016