Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2010-02-25

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

    2. PRAYERS.

    3. STATEMENT BY SPEAKER – DEATH OF MR FRANS SEDA AM:
        The Speaker advised Members of the death on 31 December 2009 of Mr Francisco’s (Frans) Exaverius Seda AM and acknowledged friends and guests to witness his mark of respect today as follows:
    Consul of the Republic of Indonesia, Mr Harbajan Napatapulu, and staff of the Consulate;
    Mr Barry Coulter, former Deputy Chief Minister of the Legislative Assembly;
    Mr Rick Setter, former Member for Jingili of the Legislative Assembly.

        On behalf of all Members the Speaker extended a warm welcome to all guests today.

    4. CONDOLENCE – MR FRANCISCOUS XAVERIUS (FRANS) SEDA AM – MOTION AGREED TO:
        The Chief Minister (Mr Henderson) moved – That this Assembly:
          (a) express its deep regret at the death of Mr Frans Seda AM, a passionate and tireless advocate for intergovernmental relationships between the Territory and Indonesia; and

          (b) tender its profound sympathy to his family and friends.
        The Chief Minister (Mr Henderson) thereupon addressed the motion.
        The Leader of the Opposition (Mr Mills) addressed the motion.
        Debate ensued.
        Question – put and passed.
        Motion agreed to.

        As a mark of respect Members stood in their places for one minute, in silence.
    5. FREEDOM OFF INFORMATION REGULATIONS, DISALLOWANCE – MOTION:
        The Member for Port Darwin (Mr Elferink), pursuant to notice, moved – That the Assembly disallow Subordinate Legislation No.2 of 2010 relating to costs of FOI applications.
        Debate ensued.
        Leave granted to Mr Elferink to continue his remarks at a later hour.
    6. MESSAGE FROM THE ADMINISTRATOR:
        The Speaker laid on the Table the following Message from the Administrator -
        Message No. 16
        Recommending Mining Amendment Bill 2009

        I, Thomas Ian Pauling, AO QC the Administrator of the Northern Territory of Australia, under section 11 of the Northern Territory (Self-Government) Act 1978 (Cth), recommend to the Legislative Assembly a Bill for an Act to amend the Mining Act, one of the purposes of which is to authorise the Territory to pay to the Commonwealth, from public moneys received by the Territory, an amount for particular mineral royalty payments refunded by the Commonwealth.

        Dated 17 February 2010.

        Thomas Ian Pauling, AO QC
        Administrator (Paper 720)

    7. JUSTICE LEGISLATION AMENDMENT (PENALTIES) BILL 2010 (Serial 95):
        The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the various Acts and subordinate legislation administered by the Minister for Justice and Attorney-General in relation to penalties, 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, Justice Legislation Amendment (Penalties) Bill 2010 (Paper 721).

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

    8. COMPANIES (TRUSTEES AND PERSONAL REPRESENTATIVES) (NATIONAL UNIFORM LEGISLATION) IMPLEMENTATION BILL 2010 (Serial 92):
        The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Companies (Trustees and Personal Representatives) 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 –
    Explanatory Statement, Companies (Trustees and Personal Representatives) (National Uniform Legislation) Implementation Bill 2010 (Paper 722).

        On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
    9. LIQUOR LEGISLATION AMENDMENT BILL 2010 (Serial 94):
        The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Liquor Act and Liquor Regulations.
        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, Liquor Legislation Amendment Bill 2010 (Paper 723).

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

    10. RAIL SAFETY BILL 2009 (Serial 79):
        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 Transport (Mr McCarthy) the Bill was read a third time and passed to be a proposed law.
        ________________

        Suspension of sittings: The sittings of the Assembly was suspended between 12.04pm and 2pm.
        ________________

    11. QUESTIONS:
        2pm Mr Mills to Dr Burns.
        2.03pm Ms Scrymgour to Mr Henderson.
        2.07pm Ms Purick to Dr Burns.
        2.10pm Ms Walker to Mr Vatskalis.
        2.13pm Ms Purick to Dr Burns.
        2.15pm Mr Mills to Dr Burns supplementary.
        2.16pm Mr Wood to Mr McCarthy.
        2.18pm Mr Gunner to Mr Henderson.
        2.21pm Ms Purick to Dr Burns.
        2.25pm Ms Scrymgour to Ms Lawrie.
        2.28pm Ms Anderson to Ms McCarthy.
        2.31pm Ms Purick to Mr McCarthy.
        2.35pm Ms Walker to Dr Burns.
        2.37pm Ms Purick to Mr McCarthy.
        2.40pm Mr Wood to Mr Henderson.
        2.44pm Mr Gunner to Ms McCarthy.
        2.48pm Ms Purick to Mr McCarthy.
        2.49pm Ms Scrymgour to Mr Hampton.
        2.51pm Ms Purick to Mr McCarthy.
        2.53pm Ms Walker to Mr Vatskalis.
        2.56pm Mr Wood to Mr Vatskalis.
        2.58pm Mr Conlan to Vatskalis.

        Supplementary answer: The Minister for Health (Mr Vatskalis) made a response to a question asked on Tuesday 23 February 2010 by the Leader of the Opposition (Mr Mills) re Audit of legislation under his ministerial portfolios.

        Paper tabled: The Minister for Health (Mr Vatskalis) laid on the Table the following Paper –
    Audit Procedures for Compliance of Acts relating to Ministerial Portfolios (Paper 725).

        The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
    12. MINING AMENDMENT BILL 2009 (Serial 60):
        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.
        Quorum: The Member for Braitling (Mr Giles) drew the attention of the Speaker to the lack of a quorum.
        Bells having been rung -
        And a quorum having been attained.
        The Assembly resumed.

        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.
    13. FREEDOM OF INFORMATION REGULATIONS NO. 2 OF 2010, DISALLOWANCE – MOTION NEGATIVED:
        The Order of the Day having been read for the resumption of debate on the Question – That the Assembly disallow Subordinate Legislation No. 2 of 2010 relating to costs of Freedom Of Information applications.
        Debate resumed.
        Extension of time: On the motion of the Member for Fong Lim (Mr Tollner) the Member for Port Darwin (Mr Elferink) was granted an extension of time, pursuant to Standing Order 77.

        Debate continued.
        Question - put.
        The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

        AYES, 11 NOES, 12

        Ms Anderson Mrs Aagaard
        Mr Bohlin Dr Burns
        Mr Chandler Mr Gunner
        Mr Conlan Mr Hampton
        Mr Elferink Mr Henderson
        Mr Giles Mr Knight
        Mr Mills Ms Lawrie
        Ms Purick Ms McCarthy
        Mr Styles Mr McCarthy
        Mr Tollner Mr Vatskalis
        Mr Westra van Holthe Ms Walker
        Mr Wood

        Tellers: Mr Gunner, Government Whip
                Ms Purick, Opposition Whip

        Motion negatived accordingly.
    14. COUNCIL OF TERRITORY CO-OPERATION PROGRESS REPORT, FEBRUARY 2010 – REPORT NOTED:
        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.
        Question – put and passed.
    15. CLIMATE CHANGE – 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 Drysdale (Mr Bohlin) the Member for Sanderson (Mr Styles) was granted an extension of time, pursuant to Standing Order 77.

        Debate continued.
        Question – put and passed.
    16. PUBLIC ACCOUNTS COMMITTEE, COMMITTEE DELIBERATIONS – LEAVE DENIED:
        The Member for Port Darwin (Mr Elferink) sought leave to report on matters currently before the Public Accounts Committee.
        Leave denied: A dissentient voice being made – leave denied.
    17. BUILDING ON OUR STRENGTHS, A FRAMEWORK FOR ACTION FOR WOMEN IN THE TERRITORY 2008-2012, FIRST PROGRESS REPORT 2008 – 2010 – REPORT TABLED:
        The Minister for Women’s Policy (Ms McCarthy) laid on the Table the First Progress Report 2008 – 2010 by the Department of Health and Families entitled Building on Our Strengths, a Framework for Action for Women in the Territory 2008-2012 (Paper 728).
        Ms McCarthy made a statement relating thereto.
    18. TOWARDS NORTHERN TERRITORY STATEHOOD – ISSUES FOR CONSIDERATION – STANDING COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS – PAPER TABLED – REPORT NOTED:
        The Chair of the Legal and Constitutional Affairs Committee (Mrs Aagaard) laid on the Table a Report of the Legal and Constitutional Affairs Committee entitled Towards Northern Territory Statehood, Issues for Consideration. (Paper 729)
        Mrs Aagaard moved – That the Report be printed.
        Question – put and passed.
        Mrs Aagaard moved – That the Assembly take note of the Report.
        Debate ensued.
        Question – put and passed.
    19. ADJOURNMENT:
        The Leader of Government Business (Dr Burns) moved - That the Assembly do now adjourn.
        Debate ensued.
        And the Assembly adjourned at 8.01pm until Tuesday 27 April 2010 at 10am.
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        PAPERS:
        There following Papers were deemed to have been presented on Thursday 25 February 2010 -
          Annual Reports
          Northern Territory of Australia Aboriginal Areas Protection Authority 2008/2009 (Paper 726)
          Electrical Workers and Contractors Licensing Board 2008/2009 (Paper 727)

          Reports
          Casino Operator’s Agreement, Skycity Darwin, Delia Lawrie as Treasurer and Skycity Darwin PTY Limited and Skycity Australia PTY LTD, dated 20 January 2010 (Paper 724)
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          ATTENDANCE:
          All Members attended the sittings except Ms Carney, on leave.


          Mr Ian McNeill
          Clerk of the Legislative Assembly
    Last updated: 04 Aug 2016