Minutes of Proceedings - 2005-12-01
1. MEETING:
2. PRAYERS.
3. MESSAGE FROM THE ADMINISTRATOR:
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
The Assembly resumed; the Speaker (Mrs Aagaard) resumed the Chair; and the Chairman (Mr Kiely) reported the Bill with amendments.
And the Report was adopted.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) 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 11.59am and 2pm.
Visitors: The Speaker advised Members of the presence in the Gallery of staff from the Department of Health and Community Services, Carers NT, the Disability Advisory Council, Somerville Community Services and Carpentaria Disability Services, and Business Community, electorate officers from Blain, Katherine, Greatorex, Nelson and Araluen.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
11. QUESTIONS:
17. NEXT MEETING:
18. ADJOURNMENT:
- The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. MESSAGE FROM THE ADMINISTRATOR:
- The Speaker laid on the Table the following message from the Administrator -
Message No. 6
Assent to Proposed Laws
I, EDWARD JOSEPH EGAN, AO the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:
- Cemeteries Amendment Act 2005 (No. 35 of 2005)
- Magistrates Amendment Act 2005 (No. 36 of 2005)
Criminal Code Amendment (Criminal Responsibility Reform) Act
- 2005 (No. 37 of 2005)
- (No. 38 of 2005)
- E J Egan AO
Administrator (Paper 325)
- The Member for Blain (Mr Mills) presented a petition from 234 petitioners requesting the Northern Territory government to build a new primary school in Palmerston (Paper 326).
Petition read.
The Member for Blain (Mr Mills) presented a petition from 166 petitioners requesting the Northern Territory government to provide a shade structure for the Palmerston Skate Park (Paper 327).
Petition read.
- The Speaker advised Members of the presence in the public galleries of students from Manyallaluk School accompanied by Ms Yve Weinberg.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
- Natural Resources Management Board, Establishment: The Minister for Natural Resources, the Environment and Heritage (Ms Scrymgour) reported on the establishment of a six member Board of Management to manage the water, land and biological resources of the Territory.
Mrs Miller responded.
Ms Scrymgour responded.
Islamic Community: The Minister for Multicultural Affairs (Mr Vatskalis) reported on the community pressure suffered by members of the Islamic community and the need to maintain cultural diversity in our community.
Dr Lim responded.
Mr Vatskalis responded.
Workplace Relations Legislation, Submission: The Minister for Public Employment (Dr Burns) reported on the delegation of the Territory to make a submission to the Senate Inquiry into the Workplace Relations Amendment (Work Choices) Bill 2005 of the Commonwealth.
Paper Tabled: Dr Burns laid on the Table the following Paper -
Senate Inquiry into the Workplace Relations Amendment (Work Choices) Bill 2005 of the Commonwealth - Territory Submission (Paper 328).
Mr Wood responded.
Dr Burns responded.
Ministerial Reports noted, pursuant to Sessional Order.
- The Chief Minister (Ms Martin), pursuant to notice, presented a Bill for an Act to amend the Northern Territory Tourist Commission Act.
Bill read a first time.
Ms Martin moved - That the Bill be now read second time.
Paper tabled: Ms Martin laid on the Table the following Paper -
Explanatory Statement, Northern Territory Tourist Commission Amendment Bill 2005 (Serial 30) (Paper 329).
Debate ensued.
On the motion of the Member for Katherine (Mrs Miller) debate was adjourned.
- Suspension of Standing Orders - Pass Bill through all stages: The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent Bills entitled - Alcohol Court Bill 2005 (Serial 33) and Antisocial Behaviour (Miscellaneous Amendments) Bill 2005 (Serial 34),
- (a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings; the committee’s report stage; and the third readings of the Bills together; and
- (b) the consideration of the Bills separately in the Committee of the Whole.
Question - put and passed.
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act, to establish the Alcohol Court with power to make particular orders in respect of certain offenders with alcohol dependency and to make sentencing orders and ancillary orders in respect of those offenders, and for related matters; and to amend the Liquor Act, Housing Act and Residential Tenancies Act to facilitate a reduction in antisocial behaviour, particularly of people with alcohol dependency, and to amend other laws consequent on the enactment of the of the Alcohol Court Act.
Bill read a first time.
Dr Toyne moved - That the Bill be now read a second time.
Paper tabled: Dr Toyne laid on the Table the following Paper -
Explanatory Statement, Alcohol Court Bill 2005 (Serial 33) (Paper 330) and Antisocial Behaviour (Miscellaneous Amendments) Bill 2005 (Serial 34) (Paper 331).
On the motion of the Member for Araluen (Ms Carney) 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.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) 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.
___________
In Committee
(Chairman - Mr Kiely)
In Committee
(Chairman - Mr Kiely)
Clauses 1 to 11, by leave, taken together and agreed to.
Clause 12 read.
Debate ensued.
Clause 12, as printed, agreed to.
Clauses 13 to 23, by leave, taken together and agreed to.
New Clause 23A.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following new clause 23A was inserted in the Bill, after debate -
Insert after Clause 23:
(1) This section amends the Bail Act.
(2) After section 7A(1)(d) –
insert
- (da) an offence against Division 307 of the Criminal Code (Cth) punishable by a term of imprisonment for 10 years or more.
Clauses 24 to 26, by leave, taken together and agreed to.
New Clause 26A.
On the motion of Dr Toyne the following new clause 26A was inserted in the Bill, after debate.
- 26A. Amendment of Misuse of Drugs Act
(1) This section amends the Misuse of Drugs Act.
(2) Section 36A(6)(g) –
- omit, substitute
(g) an offence against section 233B of the Customs Act 1901 (Cth);
(h) an offence against Division 307 of the Criminal Code (Cth).
New Part 8.
On the motion of Dr Toyne the following New Part 8 was added to the Bill, after debate.
PART 8 – EXPIRY OF ACT
34. Expiry
- This Act expires on the day after it commences.
New Schedule 1 -
On the motion of Dr Toyne the following new Schedule 1 was inserted in the Bill, after debate.
Insert -
schedule 1
Section 12
FURTHER AMENDMENTS OF LOCAL GOVERNMENT ACT
Provision | Amendment |
 | omitsubstitute |
| Section 3
– definition of "residential unit" | section 77(6)
sections 77(6) |
| Section 19H | prescribed as confidentialprescribed by regulation as confidential |
| Section 49(2) | subclause (1)subsection (1) |
| Section 149(1)(g) | 19J(3)19K(3) |
Bill to be reported with amendments.
____________
The Assembly resumed; the Speaker (Mrs Aagaard) resumed the Chair; and the Chairman (Mr Kiely) reported the Bill with amendments.
And the Report was adopted.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) 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 11.59am and 2pm.
____________
Visitors: The Speaker advised Members of the presence in the Gallery of staff from the Department of Health and Community Services, Carers NT, the Disability Advisory Council, Somerville Community Services and Carpentaria Disability Services, and Business Community, electorate officers from Blain, Katherine, Greatorex, Nelson and Araluen.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
11. QUESTIONS:
- 2pm Ms Carney to Mr Stirling.
2.02pm Ms Sacilotto to Dr Burns.
2.04pm Ms Carney to Mr Henderson.
2.07pm Mr Knight to Mr Henderson.
____________
Statement by Speaker - Filming in Chamber: The Speaker reminded members of the media who were filming that, only Members on their feet speaking are allowed to be filmed, and no panning of the Chamber was permitted during Question Time.
____________
2.12pm Dr Lim to Mr Henderson.
2.15pm Mr Natt to Mr Stirling.
2.18pm Mr Wood to Ms Scrymgour.
2.21pm Ms Carney to Mr Henderson.
2.24pm Mr Warren to Ms Lawrie.
2.28pm Ms Carney to Mr Henderson.
2.33pm Ms Anderson to Mr McAdam.
2.35pm Mrs Braham to Ms Scrymgour.
2.38pm Mr Burke to Dr Toyne.
2.40pm Mrs Miller to Mr Henderson.
2.43pm Mr Knight to Mr Henderson.
2.51pm Mr Mills to Ms Martin.
2.55pm Mrs Braham to Mr Stirling.
Answer to Question: The Treasurer (Mr Stirling) provided an answer to a question asked earlier this day by the Leader of the Opposition (Ms Carney) relating to an additional funding of $49.9m appearing in the financial statement of the Arts, Museums and Library Services Agency.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
- 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
(Chairman - Mr Kiely)
In Committee
(Chairman - Mr Kiely)
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 negatived.
On the motion of the Minister for Police, Fire and Emergency Services (Mr Henderson) the following new clause 5 was inserted in the Bill, after debate.
- 5. Amendment of section 7 (Controlled weapons – general)
(1) Section 7(1), after "public place" –
- insert
or school
- insert
(2A) Subsections (1) and (2) do not apply to a person under 18 years of age and who possesses, carries or uses a weapon referred to in section 11A.
- 5A. New section 7A
- After section 7 –
insert
- (1) A person under 18 years of age must not possess, carry or use a weapon referred to in section 11A.
Penalty: 200 penalty units or imprisonment for 12 months.
(2) However, if an offence against subsection (1) is committed at night-time in a public place or school, the person is liable to a maximum penalty of twice the penalty specified in the subsection.
Bill to be reported with amendments.
____________
The Assembly resumed; the Acting Speaker (Mr Bonson) resumed the Chair; and the Chairman (Mr Kiely) reported the Bill with amendments.
And the Report was adopted.
On the motion of the Minister for Police, Fire and Emergency Services (Mr Henderson) 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 Mines and Energy (Mr Vatskalis) 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.
______________
In Committee
(Chairman - Mr Kiely)
In Committee
(Chairman - Mr Kiely)
Clauses 1 to 3, by leave, taken together and agreed to, after debate.
Clause 4 negatived, after debate.
On the motion of the Minister assisting the Chief Minister on Indigenous Affairs (Mr McAdam) the following new clause 4 was inserted in the Bill, after debate.
- 4. Act binds Crown
- (1) This Act binds the Territory Crown and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
(2) If the Territory Crown in any of its capacities commits an offence against this Act, the Territory Crown is liable in that capacity to be prosecuted for the offence as if it were a body corporate.
(3) This section does not affect any liability of an officer, employee or agent of the Territory Crown to be prosecuted for an offence.
(4) In this section –
- "Territory Crown" means the Crown in right of the Territory and includes –
(a) an Agency; and
(b) an authority or instrumentality of the Territory Crown.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
____________
The Assembly resumed; the Speaker (Mrs Aagaard) resumed the Chair; and the Chairman (Mr Kiely) reported the Bill with an amendment.
And the Report was adopted.
On the motion of the Minister assisting the Chief Minister on Aboriginal Affairs (Mr McAdam) 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 - The Assembly take note of the Report -
Debate resumed.
Question - put and passed.
- The Treasurer (Mr Stirling) laid on the Table the Treasurer’s Mid-Year Report 2005/2006. (Paper 338)
Mr Stirling made a statement relating thereto.
Mr Stirling moved - That the Assembly take note of the Report and that he have leave to continue his remarks at a later hour.
Leave granted.
Debate adjourned.
17. NEXT MEETING:
- The Leader of Government Business (Mr Henderson) moved - That the Assembly at its rising adjourn until Tuesday 14 February 2006 at 10am, or such other time and/or date as may be advised by the Speaker, pursuant to Sessional Order.
Question - put and passed.
18. ADJOURNMENT:
- The Leader of Government Business (Mr Henderson) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Nightcliff (Mrs Aagaard), by leave, laid on the Table the following Paper -
Telstra Loyalty Award for Mr Ian McNeill, Clerk of the Legislative Assembly (Paper 339).
Debate continued.
Question - put and passed.
The Assembly adjourned at 7.55pm until Tuesday 14 February 2006 at 10am or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
_________________
PAPERS:
The following Papers were deemed to have been presented on Thursday 1 December 2005 -
Annual Reports:
Darwin Port Corporation, 2004/2005 (Paper 335)
Department of Infrastructure, Planning and Environment, 2004/2005 (Paper 333)
Northern Territory Fisheries Joint Authority Report, 2002/2003 (Paper 336)
Territory Insurance Office, 2004/2005 (Paper 332)
Mental Health and Related Services Act:
Mental Health Review Tribunal 2004/2005 (Paper 337)
Regulations 2005:
No. 48 Fisheries Amendment (Off-shore Net and Line Fishery) Regulations 2005 (Paper 337)
_________________
- ATTENDANCE:
All Members attended the sitting.
- Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016