Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2011-02-23

    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 gallery of –

        Larrakeyah Primary School Year 5/6 students accompanied by Ms Adelle Gould and Mr Rick Collister.
        On behalf of all Members the Speaker extended a warm welcome to the visitors.

    4. PAIRS:
        The Speaker advised Members of the following Pair arrangements for the remainder of the February sittings as follows –

        23 February 2011 and 24 February 2011, Mr Knight and Mr Giles for period 10am to 12 Noon, respectively;
        23 February 2011, Ms Lawrie and Mr Conlan for period 3pm to close of business (Paper 1196); and
        24 February 2011, Ms Lawrie and Mr Conlan for the entire sitting day. (Paper 1196).

    5. BAIL AMENDMENT BILL 2011 (Serial 150):
        The Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Bail 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 –

        Explanatory Statement, Bail Amendment Bill 2011 (Paper 1197).

        On the motion of the Member for Katherine (Mr Westra van Holthe) debate was adjourned.
    6. CRIMINAL LAW AMENDMENT (SENTENCING APPEALS) BILL 2011 (Serial 151):
        The Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Criminal Code and Justices 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 –

        Explanatory Statement, Criminal Law Amendment (Sentencing Appeals) Bill 2011 (Paper 1198).

        On the motion of the Member for Katherine (Mr Westra van Holthe) debate was adjourned.
    7. DARWIN PORT CORPORATION LEGISLATION AMENDMENT BILL 2011 (Serial 153):
        The Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Darwin Port Corporation Act and Marine 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 –

        Explanatory Statement, Darwin Port Corporation Legislation Amendment Bill 2011 (Paper 1199).

        On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
    8. JUSTICE AND OTHER LEGISLATION AMENDMENT BILL 2011 (Serial 148):
        The Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend various Acts administered by the Minister for Justice and Attorney-General and Minister for Police, Fire and Emergency Services.
        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 and Other Legislation Amendment Bill 2011 (Paper 1200).

        On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
    9. ELECTRONIC TRANSACTIONS (NORTHERN TERRITORY) AMENDMENT BILL 2011 (Serial 154):
        The Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Electronic Transactions (Northern Territory) Act 2000.
        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, Electronic Transactions (Northern Territory) Amendment Bill 2011 (Paper 1201).

        On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
    10. ENVIRONMENT PROTECTION (BEVERAGE CONTAINERS AND PLASTIC BAGS) BILL 2010 (Serial 136):
        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 Goyder (Ms Purick) the Member for Brennan (Mr Chandler) was granted an extension of time, pursuant to Standing Order 77.
        Debate continued.
        ________________

        Visitors: The Speaker advised Members of the presence in the public gallery of Sacred Heart Primary School Year 5/6 students accompanied by Mrs Michelle Wright and Miss Rachael McDowall.
        ________________

        Debate continued.
        Extension of time: On the motion of the Member for Barkly (Mr McCarthy) the Member for Wanguri (Mr Henderson) was granted an extension of time, pursuant to Standing Order 77.
        Debate continued.
        Debate suspended.
        ________________
        Suspension of sittings: The sittings of the Assembly were suspended between 11.58am and 2pm.
        ________________

    11. LEGAL AND CONSTITUTIONAL AFFAIRS COMMITTEE - NORTHERN TERRITORY STATEHOOD STEERING COMMITTEE, FINAL REPORT – PAPERS TABLED – MOTION TO NOTE REPORT:
        The Chair of the Legal and Constitutional Affairs Committee (Mrs Aagaard) laid on the Table –

        Final Report and Recommendations by the Northern Territory Statehood Steering Committee to the Legislative Assembly Standing Committee on Legal and Constitutional Affairs, dated 6 December 2010 (Paper 1202);

        Information Paper entitled “What Might the Terms and Conditions of Northern Territory Statehood be?”, dated January 2011 (Paper 1203);and

        Government response to “the Long Road to Statehood” (Paper 1204).
          The Leader of Government Business (Dr Burns), by leave, moved – That the report be printed.
          Question – put and passed.
          Dr Burns moved - That the Assembly take note of the Report and Papers.
          Leave granted to continue his remarks at a later hour.
          Debate adjourned.

      12. NOTICES:
          The following Notices were given;

          Mr Conlan: To move - That, the Northern Territory Government direct the Commissioner of Police to –
                  (a) immediately deploy a task force of police in Alice Springs with a mandate to address hot spots of acute lawlessness and anti-social behaviour; and

                  (b) form a Response Group made up of 20 able-bodied general duties police officers able to respond across the Territory to emerging or known law and order issues.

          Mr Giles To move - That the Northern Territory Government:
                  1. Applaud the members of the Larapinta Valley Town Camp Housing Association in its attempted moves to change it's land tenure structure seeking to utilise the land for residential development for all Centralians and massage any financial returns for social advancement of children and seniors residents;

                  2. Works with the Larapinta Valley Town Camp Housing Association and federal Government in developing a plan to bring the housing associations vision to fruition and that a draft plan be made available to the public by June 2011;

                  3. Funds the Larapinta Valley Town Camp Housing Association sufficient resources to enable the association to employ an officer to facilitate the development of a land development plan for the area known as Larapinta Valley Town Camp; and

                  4. Promotes these opportunities to other town camps and Indigenous communities throughout the Northern Territory and actively encourages similar models if other locations across the Territory.


          Mr Giles: To move –
                  1. That this Parliament establish a permanent committee entitled the Innovation, Development and Trade Committee to investigate and review past, current and potential future trade and industrial development opportunities specifically focusing on intergenerational investment with an alignment to innovation and research and development.

                  2. The Innovation, Development and Trade Committee is to:

                      (a) be made up of 6 members, 3 Government, 2 opposition and 1 Independent, with the Chairperson being appointed from the Committee;

                      (b) meet 6 times a year and will have made available briefings from the department of business and from major projects;

                      (c) engage with business, governments and individuals to investigate economic investment opportunities for the Territory;

                      (d) be provided a budget as negotiated with Territory Government of the day for the provision of secretariat staff and to support the review and analysis of information and the engagement of stakeholders;

                      (e) Investigate previous successes and failures of Territory innovation trade and development opportunities and develop case studies looking into potential industries that could come to the Territory

                      (f) report to parliament twice a year on activities, expenditure and results and make recommendations to parliament providing direction on business opportunities.

          Mr Giles: To move - That this Parliament condemn –
                  (a) the Northern Territory and Australian Governments for their failures to present short, medium and long term strategies to the problems being faced by businesses and residents of Alice Springs as a result of the increasing crime and anti-social behaviour across the town; and
                  (b) the Minister for Central Australia for failing to provide leadership for Central Australia on these issues.

          Mr Vatskalis: To present the Health and Community Services Complaints Amendment Bill 2011 (Serial 152).

          Mr Wood: To move - The government state their position on any uranium mining lease application after the environmental impact statements have been released for public comment so that their position and their decision can be made based on all the facts.
          Mrs Lambley: To move - That the Northern Territory Government be condemned for systematically failing to protect children in Central Australia over the past decade.

          Mrs Lambley: To move - That the Government be condemned for failing to provide workers accommodation to assist local businesses to attract skilled workers to Alice Springs and Central Australia.

      13. QUESTIONS:
          2.06pm Mr Mills to Mr Henderson and referred to Ms Lawrie.
          2.09pm Mr Gunner to Mr Henderson.
          2.11pm Mr Mills to Mr Henderson.
          2.15pm Ms Scrymgour to Mr Henderson.
          2.18pm Mr Mills to Mr Henderson.
          2.22pm Mr Mills to Mr Henderson supplementary.
          2.23pm Ms Anderson to Mr Hampton.
          2.25pm Ms Walker to Mr Hampton.
          2.28pm Mr Elferink to Ms Lawrie.
          2.31pm Mr Gunner to Ms Lawrie.
          2.32pm Ms Anderson to Mr Hampton.
          2.34pm Mr Conlan to Mr Henderson.
          2.37pm Ms Scrymgour to Mr Hampton.
          2.40pm Mr Conlan to Mr Henderson.
          2.45pm Mr Wood to Mr Vatskalis.
          2.47pm Ms Walker to Mr McCarthy.
          Paper tabled: Mr McCarthy laid on the Table the following Paper –

          Muckaty Voices, compact disc recording (Paper 1205).

          2.51pm Ms Scrymgour to Ms McCarthy.
          2.54pm Mr Conlan to Mr Henderson.
          2.57pm Mr Wood to Mr Vatskalis.
          2.59pm Mr Conlan to Mr Henderson.

          And the Members for Greatorex (Mr Conlan), Member for Drysdale (Mr Bohlin) and the Member for Macdonnell (Ms Anderson) continuing to ignore the Speaker’s request to come to order –

          Members suspended: The Speaker (Mrs Aagaard), pursuant to Standing Order 240A, ordered the Members at approx 3.04pm to withdraw from the Chamber for a period of one hour on account of disorderly conduct.

          The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
      14. ENVIRONMENT PROTECTION (BEVERAGE CONTAINERS AND PLASTIC BAGS) BILL 2010 (Serial 136):
          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 Johnston (Dr Burns) the Member for Nelson (Mr Wood) was granted an extension of time, pursuant to Standing Order 77.

          Debate continued.
          Paper tabled: Dr Burns laid on the Table the following Paper –

          Approved collection depots in regional areas for the return of refund-bearing drink containers sold in South Australia (Paper 1206).

          Debate continued.
          Question – put and passed.
          Bill read a second time.
          It being 5.30pm General Business took precedence of other business pursuant to Standing Order 93.
      15. BUILDING CODE FOR RURAL BLOCKS – MOTION AGREED TO:
          The Member for Nelson (Mr Wood), pursuant to notice, moved - That, the Northern Territory government consider changes to the Building Code which would allow people on rural blocks to legally live in a shed under certain conditions.
          Debate ensued.
          Question – put and passed.
      16. SENTENCING AMENDMENT (VICTIM PROTECTION ORDERS) BILL 2011 (Serial 145):
          The Member for Port Darwin (Mr Elferink), pursuant to notice, presented a Bill for an Act to amend the Sentencing Act.
          Bill read a first time.
          Mr Elferink moved – That the Bill be now read a second time.
          Debate ensued.
          On the motion of the Minister for Education and Training (Dr Burns) debate was adjourned.
      17. CARE AND PROTECTION OF CHILDREN AMENDMENT (ADDITIONAL FUNCTIONS) BILL 2010 (Serial 134) - NEGATIVED:
          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 - That the motion be agreed to - put.
          The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

          AYES, 10 NOES, 12

          Mr Bohlin Mrs Aagaard
          Mr Chandler Dr Burns
          Mr Elferink Mr Gunner
          Mr Giles Mr Hampton
          Mrs Lambley Mr Henderson
          Mr Mills Mr Knight
          Ms Purick Ms McCarthy
          Mr Styles Mr McCarthy
          Mr Tollner Ms Scrymgour
          Mr Westra van Holthe Mr Vatskalis
          Ms Walker
          Mr Wood
          Pair: Ms Lawrie for Mr Conlan.

          Motion negatived accordingly.
      18. INQUIRIES (PENALTIES) AMENDMENT BILL 2010 (Serial 114):
          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.
          _________________

          In Committee

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

          Clauses 1 and 2 , by leave, taken together and agreed to.
          Clause 3 read.
          Mr Chandler moved the following amendment –
            omit

            200 penalty units.

            insert

            100 penalty units.


          Debate ensued.
          Question – put and passed – amendment agreed to.
          Clause 3, as amended, agreed to.
          Clause 4 read.
          Mr Chandler moved the following amendment –
            omit

            200 penalty units.

            insert

            100 penalty units.


          Debate ensued.
          Question – put and passed – amendment agreed to.
          Clause 4, 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 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 Member for Brennan (Mr Chandler) the Bill was read a third time and passed to be a proposed law.

      19. CRIMINAL CODE AMENDMENT (ARSON) BILL 2010 (Serial 116) - WITHDRAWN:
          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.
          Bill, by leave, withdrawn.
      20. PROMOTING A VIABLE CAMEL INDUSTRY – MOTION NEGATIVED:
          The Order of the Day having been read for the resumption of debate on the motion –

          That the Northern Territory Parliament:
          (a) condemns the federal Government for the slaughter of thousands of camels across the Territory;
          (b) writes to the Federal Agriculture and Indigenous Affairs Minister pleading that they utilise the remaining $19m to develop a viable camel industry;
          (c) promote the utilisation of those remaining funds to be used to build the necessary infrastructure to assist shore up supply of camels for an industry;
          (d) seeks a redirection of funds towards the expansion of abattoir facilities at Wamboden as a public private partnership or direct grant to support industry development;
          (e) identifies future alternate sites for a multi-species abattoir that has access to transport, water and power with particular attention focused on Owen Springs as a possible alternative; and
          (f) seeks to enlist the support of Australian Government trade agencies to develop a demand market for camel with particular interest throughout the middle east.

          Debate resumed.
          Question – put and negatived.
      21. PEPPERCORN RENTAL AGREEMENT FOR NORTHERN TERRITORY GOVERNMENT ON ABORIGINAL LAND – MOTION NEGATIVED:
          The Order of the Day having been read for the resumption of debate on the motion – That, a peppercorn rental agreement be negotiated for Northern Territory government facilities on Aboriginal Land where a lease is required for such facilities.
          Debate resumed.
          Question – put and negatived.

      22. CRIMINAL CODE AMENDMENT (PENALTIES FOR CERTAIN ASSAULTS) BILL 2010 (Serial 113) - NEGATIVED:
          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 negatived.

      23. FIRE AND EMERGENCY AMENDMENT (SMOKE ALARMS) BILL 2010 (Serial 130):
          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.
          Debate adjourned pursuant to Standing Order 41A(b), Mr Styles in continuation (20 minutes).
      24. ADJOURNMENT:
          The Speaker, pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.
          Debate ensued.
          And the Assembly adjourned at 10.15pm until 24 February 2011 at 10am.
          ________________

          PAPERS:
          There were no Papers deemed to have been presented on Wednesday 23 February 2011.
      _________________
          ATTENDANCE:
          All Members attended the sittings.
    Last updated: 04 Aug 2016