Minutes of Proceedings - 2009-06-10
1. MEETING:
The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. RESIGNATION OF MEMBER FOR ARAFURA FROM PUBLIC ACCOUNTS COMMITTEE:
No Minister will be an Alternate Member when direct matters of their portfolio responsibilities are before the Public Accounts or Estimates Committee;
The Clerk of the Legislative Assembly will draft Guidelines on conflict of interest for the Public Accounts Committee to consider; and
The Government will refer to the Standing Orders Committee in the August 2009 sittings, the matter associated with Committees and Committee membership.".
Budget Paper No. 1 – Budget Speech, 2009/2010 (Paper 300);
Budget Paper No. 2 – Fiscal and Economic Outlook, 2009/2010 (Paper 301)
Budget Paper No. 3 – The Budget, 2009/2010 (Paper 302);
Budget Paper No. 4 –The Infrastructure Program, 2009/2010 (Paper 303);
Northern Territory Economy, 2009/2010 (Paper 307);
Northern Territory Economy Overview, 2009/2010 (Paper 304);
Regional Highlights, 2009/2010 (Paper 306); and
Budget Overview 2009/2010 (Paper 305).
The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. RESIGNATION OF MEMBER FOR ARAFURA FROM PUBLIC ACCOUNTS COMMITTEE:
- The Speaker laid on the Table a letter from the Member for Arafura (Ms Scrymgour) resigning her position as a member for the Public Account Committee. (Paper 340)
- The Leader of Government Business (Dr Burns) moved - That the Member for Johnston (Dr Burns) be appointed to the Public Accounts Committee.
Debate ensued.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -
AYES, 14 NOES, 11
Mrs Aagaard Mr Bohlin
Ms Anderson Ms Carney
Dr Burns Mr Chandler
Mr Gunner Mr Conlan
Mr Hampton Mr Elferink
Mr Henderson Mr Giles
Mr Knight Mr Mills
Ms Lawrie Ms Purick
Mr McCarthy Mr Styles
Ms McCarthy Mr Tollner
Ms Scrymgour Mr Westra van Holthe
Mr Vatskalis
Ms Walker
Mr Wood
And so it was resolved in the affirmative.
Tellers: Mr Gunner (Government Whip)
- Ms Carney (Opposition Whip)
- The Member for Drysdale (Mr Bohlin), by leave, presented Petition No. 18, not conforming with Standing Orders, from 221 petitioners requesting the reassessment of the Proposed installation of overhead power lines in Marlow Lagoon, Palmerston. (Paper 339)
Petition read.
- Glenti Festival, June 2009: The Minister for Multicultural Affairs (Mr Henderson) reported on the conduct of the Glenti Festival on the Esplanade, Darwin, 6 to 7 June 2009.
Mr Styles responded.
Aboriginal Areas Protection Authority, 30th Anniversary: The Minister for Aboriginal Affairs (Ms Anderson) reported on the success of the operation of 30 years of the Aboriginal Areas Protection Authority which was appointed to protect Aboriginal Sacred sites.
Mr Giles responded.
Ms Scrymgour responded.
Ms Anderson replied.
SIHIP Program: The Minister for Housing (Mr Knight) reported on the SIHIP housing program outcomes and works.
Mr Giles responded.
Mr Wood responded.
Mr Knight responded.
Ministerial Reports noted, pursuant to Standing Orders.
- The Leader of Government Business (Dr Burns), pursuant to notice, moved - That the following motion providing for alternate membership of the Public Accounts Committee be adopted as a Sessional Order -
ALTERNATE MEMBERS OF THE PUBLIC ACCOUNTS COMMITTEE
Appointment
(1A) Alternate Members of the Public Accounts Committee may be appointed, either on motion in the Legislative Assembly or when the Assembly is not sitting:
- Alternate Government and Opposition Members shall be nominated for appointment in writing respectively by the Chief Minister or Leader of the Opposition to the Speaker.
(1B) The Speaker shall advise the Chair of the Public Accounts Committee in writing of any Alternate Members being nominated and cause the Chair of the Public Accounts Committee to inform other Committee Members of any alternate membership nominations as soon as possible.
(1C) The Speaker shall report the appointment of Alternate Members to the Assembly at the next sitting of the Assembly.
Voting at Deliberative Meetings
(1D) Any appointed Alternate Opposition Member may participate in a meeting of the Committee as if he or she were a full member provided that only two Opposition Committee members shall attend and vote at a deliberative meeting of the Committee.
Debate ensued.
Debate suspended.
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Suspension of sittings: The sittings of the Assembly was suspended between 11.55am and 2pm.
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- The following Notices were given -
Ms Lawrie: To present the Serious Crime Control Bill 2009 (Serial 48).
Mr Vatskalis: To present the Cancer (Registration) Bill 2009 (Serial 46).
Statement by Speaker: The Speaker reminded Members of the need to adhere to Standing Orders especially relating to questions and answers given at Questions and the need to maintain relevancy of questions and answers together with a warning about raising frivolous points of order.
- 2.02pm Mr Mills to Mr Henderson.
2.05pm Mr Gunner to Mr Henderson.
2.08pm Mr Giles to Mr Henderson.
2.12pm Ms Walker to Mr Henderson.
2.15pm Mr Giles to Mr Henderson.
2.18pm Mr Gunner to Ms Lawrie.
2.22pm Ms Purick to Mr Henderson.
2.28pm Ms Walker to Ms Lawrie.
2.33pm Mr Mills to Mr Henderson.
2.35pm Mr Wood to Mr Vatskalis.
2.39pm Mr Conlan to Mr Henderson.
2.41pm Mr Gunner to Mr Knight.
2.44pm Mr Wood to Ms Lawrie.
2.47pm Ms Walker to Ms Lawrie.
2.52pm Mr Elferink to Mr Henderson.
2.58pm Mr Gunner 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 the resumption of debate, suspended earlier this day, on the question - That the Assembly adopt as a Sessional Order provisions for the appointment of Alternative Members of the Public Accounts Committee -
Debate resumed
Extension of time: On the motion of the Member for Port Darwin (Mr Elferink) the Member for Nelson (Mr Wood) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
The Member for Araluen (Ms Carney) moved the following amendment - Add at the end:
"And
2. That the following conditions be adopted -
No Minister will be an Alternate Member when direct matters of their portfolio responsibilities are before the Public Accounts or Estimates Committee;
The Clerk of the Legislative Assembly will draft Guidelines on conflict of interest for the Public Accounts Committee to consider; and
The Government will refer to the Standing Orders Committee in the August 2009 sittings, the matter associated with Committees and Committee membership.".
Debate ensued.
Paper tabled: The Member for Nelson (Mr Wood), by leave, laid on the Table the following Paper -
Debate continued.
Paper tabled: Dr Burns laid on the Table the following Paper -
Debate continued.
Question - That the amendment moved by Ms Carney be agreed to - put and negatived.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -
AYES, 14 NOES, 11
Mrs Aagaard Mr Bohlin
Ms Anderson Ms Carney
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
Ms Scrymgour Mr Westra van Holthe
Mr Vatskalis
Ms Walker
Mr Wood
Tellers: Mr Gunner (Government Whip)
- Ms Carney (Opposition Whip)
And so it was resolved in the affirmative.
- The Leader of Government Business (Dr Burns), pursuant to notice, moved - That, the Assembly at its rising on 11 June 2009 adjourn until 4.30 pm on Friday 19 June 2009, or such other time as notified by the Speaker, with one hour’s notice being given to Government and Opposition Whips and Members by the Speaker, or such other time and/or date as may be advised by the Speaker pursuant to Sessional Order.
Debate ensued.
Question - put and passed.
- The Leader of Government Business (Dr Burns), pursuant to notice, moved -
- (1) Prayers
(2) Petitions
(3) Notices
(4) Government Business – Notices
(5) Government Business - Orders of the Day
Debate ensued.
Question - put and passed.
- The Leader of Government Business (Dr Burns), pursuant to notice, moved -
- That, pursuant to paragraph 2 of the Order of the Assembly, dated 30 April 2009, the following Budget Papers 2009/2010 together with the Appropriation (2009-2010) Bill 2009 (Serial 41) be referred to the Estimates Committee for inquiry and report:
Budget Paper No. 1 – Budget Speech, 2009/2010 (Paper 300);
Budget Paper No. 2 – Fiscal and Economic Outlook, 2009/2010 (Paper 301)
Budget Paper No. 3 – The Budget, 2009/2010 (Paper 302);
Budget Paper No. 4 –The Infrastructure Program, 2009/2010 (Paper 303);
Northern Territory Economy, 2009/2010 (Paper 307);
Northern Territory Economy Overview, 2009/2010 (Paper 304);
Regional Highlights, 2009/2010 (Paper 306); and
Budget Overview 2009/2010 (Paper 305).
Debate ensued.
Question - put and passed.
- 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) Amendment 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 Port Darwin (Mr Elferink) debate was adjourned.
- The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to revise and correct the law of the Territory in minor respects.
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.
- The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Plumbers and Drainers Licensing 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.
- 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 in the Chair)
In Committee
(Deputy Speaker and Chair of Committees - Ms Walker in the Chair)
Clauses 1 to 52, by leave, taken together and agreed to, after debate.
Clause 53 read.
On the motion of the Treasurer (Ms Lawrie) the following amendment was agreed to, after debate -
- Clause 53(1), at the end
- insert
Note for subsection (1)
Clause 19A of Schedule 2 provides for a similar exemption for paternity leave given to a male employee. That exemption is not included in some corresponding payroll tax laws.
Clause 53, as amended, agreed to.
Clauses 54 to 116, by leave, taken together and agreed to.
Schedule 1 agreed to.
Schedule 2 read.
On the motion of Ms Lawrie the following amendment was agreed to-
- NEW SCHEDULE 2, PART 4, Division 3
After clause 19, Schedule 2, Part 4, Division 2
- insert
19A Paternity leave
- (1) Wages are exempt wages if they are paid or payable to an employee in respect of leave (paternity leave):
- (a) given to a male employee in connection with:
(i) the pregnancy of a female carrying his unborn child; or
(ii) the birth of his child; and
(b) that is not sick leave, recreation leave, annual leave or any similar leave.
(3) The exemption is limited to wages paid or payable in respect of a maximum of 14 weeks paternity leave given to an employee in respect of any one pregnancy.
(4) To avoid doubt, a reference in subclause (3) to a period of 14 weeks leave is a reference to:
- (a) a period that is the equivalent of 14 weeks leave on full pay for a full-time employee who takes leave on less than full pay; or
(b) a period of 14 weeks leave at part-time rates of pay for a part-time employee.
(6) An employer wishing to claim an exemption in respect of paternity leave given to an employee must obtain and keep a statutory declaration by the employee stating that:
- (a) a female is or was pregnant with the employee's unborn child; or
(b) the employee's child has been born and the date of the birth.
Section 79 of the Taxation Administration Act requires these records to be kept for at least 5 years unless the Commissioner authorises earlier destruction.
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.
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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 Bills be now read a second time -
Debate resumed.
Question - put and passed.
Bills read a second time.
Leave denied: The Member for Port Darwin (Mr Elferink) asked leave to move the motion which he had given notice of on Tuesday 9 June 2009 seeking to "Divide out those amendments relating to the Home Owner Grant Act" contained in Part 2 of the Revenue Legislation Amendment Bill 2009 (Serial 43).
A dissentient voice being raised - leave denied.
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 in the Chair)
In Committee
(Deputy Speaker and Chair of Committees - Ms Walker in the Chair)
Revenue Legislation Amendment Bill 2009 (Serial 43)
Bill, by leave, taken as a whole.
Debate ensued.
Paper tabled: Ms Lawrie laid on the Table the following Paper -
Debate continued.
Bill, as printed, agreed to.
Bill to be reported without amendment.
Penalty Units Bill 2009 (Serial 44)
Bill, by leave, taken as a whole.
Bill, as printed, 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 Bills without amendment.
And the Reports were adopted.
On the motion of the Treasurer (Ms Lawrie) the Bills were read a third time and passed to be proposed laws.
- 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.
Extension of time: On the motion of the Member for Greatorex (Mr Giles) the Member for Drysdale (Mr Bohlin) was granted an extension of time, pursuant to Standing Orders77.
Debate continued.
Extension of time: On the motion of the Member for Fong Lim (Mr Tollner) the Member for Sanderson (Mr Styles) 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.
- 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.
Debate adjourned pursuant to Standing Order 41A(c)(v).
- The Speaker, pursuant to Standing Order 41A(b), at 9pm proposed the question - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 9.59pm until tomorrow at 10am.
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PAPERS:
No Papers were deemed to have been presented on Wednesday 10 June 2009.
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- ATTENDANCE:
All Members attended the sittings.
Last updated: 04 Aug 2016