Minutes of Proceedings - 2011-05-05
- 1. MEETING:
- The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. PETITION:
- The Member for Nelson (Mr Wood) presented Petition No. 53 from 1953 petitioners relating to lot sizes for the Rural Residential Zone Lots in the Litchfield Council area remain at 2.5 acres. (Paper 1308)
Petition read.
4. MEMBERSHIP OF COUNCIL OF TERRITORY COOPERATION – MOTION AGREED TO:
- The Member for Nelson (Mr Wood), by leave, moved – That the,
1. Member for Fong Lim (Mr Tollner) and Member for Braitling (Mr Giles) be co-opted to the Council of Territory Cooperation to work on the Innovation, Development and Trade Sub-committee, and
2. Member for Port Darwin (Mr Elferink) and the Member for Goyder (Ms Purick) be co-opted to the Council of Territory Cooperation to work on the Animal Welfare Governance Sub-committee as referred by parliament.
- Question – put and passed.
5. APPROPRIATION (2011-2012) BILL 2011 (Serial 163) and BUDGET RELATED PAPERS REFERRED TO ESTIMATES COMMITTEE – MOTION AGREED TO:
- The Leader of Government Business (Dr Burns), pursuant to notice, moved - That, pursuant to paragraph 2 of the Order of the Assembly, dated 4 May 2011, the Budget Papers 2011/2012 together with the Appropriation (2011-2012) Bill 2011 (Serial 163) be referred to the Estimates Committee for inquiry and report.
Question – put and passed.
6. ROUTINE OF BUSINESS, 23 JUNE 2011 – MOTION AGREED TO:
- The Leader of Government Business (Dr Burns), pursuant to notice, moved - That, the Routine of Business for Thursday 23 June 2011 be as follows:
- (1) Prayers
(2) Petitions
(3) Notices
(4) Government Business – Notices
(5) Government Business - Orders of the Day
- (a) In Committee: report of the Estimates Committee consideration of the Appropriation (2011-2012) Bill 2011 (Serial 163) and Government Owned Corporations Scrutiny Committee consideration of the financial and management practices of the Power and Water Corporation as referenced in its Statement of Corporate Intent for 2011/2012.
7. COMMERCIAL ARBITRATION (NATIONAL UNIFORM LEGISLATION) BILL 2011 (Serial 165):
- The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act relating to the conduct of commercial arbitrations, to repeal the Commercial Arbitration Act, and for other 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, Commercial Arbitration (National Uniform Legislation) Bill 2011 (Paper 1309).
On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
- The Minister for Correctional Services (Mr McCarthy), pursuant to notice, presented a Bill for an Act to amend the Bail Act, Parole of Prisoners Act, Prisons (Correctional Services) Act, Sentencing Act and other legislation.
Bill read a first time.
Mr McCarthy moved – That the Bill be now read a second time.
Debate ensued.
Paper tabled: Mr McCarthy laid on the Table the following Paper –
Explanatory Statement, Justice (Corrections) and Other Legislation Amendment Bill 2011 (Paper 1310).
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.
Extension of time: On the motion of the Member for Port Darwin (Mr Elferink) the Member for Sanderson (Mr Styles) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Debate suspended.
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Suspension of sittings: The sittings of the Assembly was suspended between 11.52am and 2.30pm.
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- 2.00pm Mr Mills to Ms Lawrie.
2.04pm Ms Scrymgour to Mr Henderson.
2.08pm Mr Mills to Ms Lawrie.
2.12pm Mr Gunner to Ms Lawrie.
2.16pm Mr Mills to Ms Lawrie.
2.19pm Mr Wood to Mr McCarthy.
2.23pm Ms Walker to Mr Vatskalis.
2.26pm Mr Chandler to Ms Lawrie.
2.29pm Ms Scrymgour to Mr Hampton.
2.32pm Mr Wood to Mr Vatskalis.
2.34pm Mr Conlan to Mr Vatskalis.
2.35pm Mr Gunner to Mr McCarthy.
2.38pm Mr Bohlin to Mr McCarthy.
2.42pm Mr Wood to Mr Hampton.
2.45pm Ms Walker to Mr Knight.
2.48pm Mr Tollner to Mr Henderson.
2.52pm Ms Scrymgour to Mr McCarthy.
2.56pm Mrs Lambley to Mr Vatskalis.
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 Bill be now read a second time –
Debate resumed.
Extension of time: On the motion of the Member for Drysdale (Mr Bohlin) the Member for Greatorex (Mr Conlan) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Quorum: The Member for Braitling (Mr Giles) drew the attention of the Chair to the state of the Assembly.
Bells having been rung and a Quorum having been obtained –
Debate continued.
Quorum: The Member for Braitling (Mr Giles) drew the attention of the Chair to the state of the Assembly.
Bells having been rung and a Quorum having been obtained –
Debate continued.
Extension of time: On the motion of the Member for Johnston (Dr Burns) the Member for Karama (Ms Lawrie) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
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
(The Deputy Speaker and Chair of Committees (Ms Walker) in the Chair)
In Committee
(The Deputy Speaker and Chair of Committees (Ms Walker) in the Chair)
Bill, by leave, taken as a whole.
The Member for Sanderson (Mr Styles), by leave, moved – The Schedule of Amendments No. 60 circulated in his name be put and taken together.
Mr Styles thereupon moved the amendments contained in Schedule 60.
Debate ensued.
Schedule of amendments No.60 negatived.
Bill as a whole agreed to, as printed.
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 as printed.
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.
- 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
(The Deputy Speaker and Chair of Committees (Ms Walker) in the Chair)
In Committee
(The Deputy Speaker and Chair of Committees (Ms Walker) in the Chair)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of Ms Lawrie the following amendment was agreed to, after debate.
- Clause 4
insert (in alphabetical order)
imprisonment, in relation to the sentencing of a youth under Part 4 or 5, includes detention.
Clause 4, as amended, agreed to.
Clauses 5 to 26, by leave, taken together and agreed to.
New Clause 26A.
On the motion of Ms Lawrie the following new clause 26A was inserted in the Bill, after debate.
- 26A Bringing offender before Court for failure to comply
- (1) If the Court is satisfied the offender has failed to comply with the SMART order, the Court may:
- (a) issue a summons for the offender to appear before the Court; or
(b) if satisfied the offender may not appear – issue a warrant for the arrest of the offender.
Remainder of the Bill, by leave, taken as a whole and agreed to, after debate.
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.
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.
- 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
(The Deputy Speaker and Chair of Committees (Ms Walker) in the Chair)
In Committee
(The Deputy Speaker and Chair of Committees (Ms Walker) in the Chair)
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
On the motion of the Minister for Racing, Gaming and Licensing (Ms Lawrie) the following amendment was agreed to, after debate.
- Clause 5, proposed section 8, after "against this Act"
insert
(other than an offence against section 75(1) or 101AE(1))
Clause 5, as amended, agreed to.
Clauses 6 to 25, by leave, taken together and agreed to.
Clause 26 read.
Clause 26 negatived, after debate.
New Clause 26.
On the motion of Ms Lawrie the following new clause 26 was inserted in the Bill, after debate.
- (1) Section 75(1)
- omit, insert
(1) A person commits an offence if the person:
(a) brings liquor into a general restricted area; or
(b) has liquor in his or her possession, or under his or her control, in a general restricted area; or
(c) consumes, sells, supplies or otherwise disposes of liquor in a general restricted area.
Maximum penalty: 100 penalty units or imprisonment for 6 months.
- (1AA) An offence against subsection (1) is a regulatory offence.
(1AAA) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves, on the balance of probabilities, that the contravention constituting the offence:
- (a) occurred in an emergency; and
(b) was necessary to preserve life or prevent injury or to protect property.
omit, insert
(1B) A person commits an offence if the person consumes liquor within a public restricted area.
Maximum penalty: 20 penalty units.
- (1BA) An offence against subsection (1B) is an offence of strict liability.
Clauses 27 to 29, by leave, taken together and agreed to.
Clause 30 negatived, after debate.
New Clause 30.
On the motion of Ms Lawrie the following new clause was inserted in the Bill, after debate.
Section 101AE(1)
omit, insert
(1) A person commits an offence if the person:
- (a) brings liquor into a special restricted area; or
(b) has liquor in his or her possession, or under his or her control, in a special restricted area; or
(c) consumes, sells, supplies or otherwise disposes of liquor in a special restricted area.
Maximum penalty: 100 penalty units or imprisonment for 6 months
- (1A) An offence against subsection (1) is a regulatory offence.
(1B) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves, on the balance of probabilities, that the contravention constituting the offence:
- (a) occurred in an emergency; and
(b) was necessary to preserve life or prevent injury or to protect property.
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.
On the motion of the Minister for Racing, Gaming and Licensing (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
- The Speaker, pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.
The Leader of Government Business (Dr Burns), pursuant to Standing Order 41A(ii), moved - That the question be now put.
Question – put and negatived.
The Assembly resumed.
- The Treasurer (Ms Lawrie), by leave, laid on the Table the Power and Water Corporation Statement of Corporate Intent 2011/2012 (Paper 1312).
Ms Lawrie made a statement relating thereto.
Ms Lawrie moved - That the Power and Water Corporation Statement of Corporate Intent 2011/2012 be referred for consideration by the Government Owned Corporations Scrutiny Committee established to examine the 2011/2012 operations of the Power and Water Corporation.
Debate ensued.
Question - put and passed.
16. APPROPRIATION (2011/2012) BILL 2011 (Serial 163):
- 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 Chair to the state of the Assembly.
Bells having been rung and a Quorum having been obtained –
Debate continued.
Quorum: The Member for Braitling (Mr Giles) drew the attention of the Chair to the state of the Assembly.
Bells having been rung and a Quorum having been obtained –
Debate continued.
Quorum: The Member for Braitling (Mr Giles) drew the attention of the Chair to the state of the Assembly.
Bells having been rung and a Quorum having been obtained –
Debate continued.
Extension of time: On the motion of the Member for Brenan (Mr Chandler) the Member for Fong Lim (Mr Tollner) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Extension of time: On the motion of the Member for Goyder (Ms Purick) the Member for Greatorex (Mr Conlan) was granted an extension of time, pursuant to Standing Order 77.
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Midnight entry: And it being 12 midnight the Assembly continued to sit.
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Debate continued.
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PAIRS: The Speaker laid on the Table the following pair arrangements for 6 May 2011 effective from 12.30am to end of the sitting:
- The Member for Fannie Bay (Mr Gunner) and the Member for Goyder (Ms Purick).
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Debate continued.
Extension of time: On the motion of the Member for Goyder (Ms Purick) the Member for Sanderson (Mr Styles) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Question – put and passed.
Bill read a second time.
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Ordered that the Committee Stage of the Appropriation (2011-2012) Bill 2011 (Serial 163) be later taken on 23 June 2011, pursuant to resolution dated 4 May 2011.
17. NEXT MEETING – MOTION AGREED TO:
- The Leader of Government Business (Dr Burns), pursuant to notice, moved - That, the Assembly at its rising on 5 May 2011 adjourn until approximately 1.30 pm on Thursday 23 June 2011, 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) moved - That the Assembly do now adjourn -
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 1.43am, Friday 6 May 2011 until Tuesday 23 June 2011 at approximately 1.30pm.
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PAPERS:
The following Papers were deemed to have been presented on Thursday 5 May 2011.
Remuneration Tribunal
Report on the Entitlements of Magistrates and Determination No. 1 of 2011 (Paper 1311)
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- ATTENDANCE:
All Members attended the sittings.
- Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016