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Department of the Legislative Assembly, Northern Territory Government

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Minutes of Proceedings - 2005-06-30

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

2. PRAYERS.

3. MINISTERIAL REPORTS:
      Blacktip Gas and Alcan expansion: The Chief Minister (Ms Martin) reported on the regional development of the Territory and delivery of on-shore gas supplies.
      Ms Carney responded thereto.
      Ms Martin responded accordingly.
      Environmental planning policy: The Minister for Environment and Heritage (Ms Scrymgour) outlined the government's plan for environmental protection plans for Daly River, Darwin Harbour and the Territory.
      Mrs Miller responded thereto.
      Mr Wood responded thereto.
      Ms Scrymgour responded accordingly.
      Racing Industry, financial support: The Minister for Racing, Gaming and Licensing (Mr Stirling) reported on funding for the racing industry in the Territory.
      Mr Mills responded thereto.
      Mr Stirling responded accordingly.
      Rezoning of Lot 5690, Town of Darwin: The Minister for Lands and Planning (Dr Burns) reported on the rezoning of land Lot 5690 to 03, situated in the Darwin Central Business District on the edge of the Darwin Golf Course.
      Dr Lim responded thereto.

      Ministerial Reports noted, pursuant to Sessional Order.
4. APPOINTMENT OF OMBUDSMAN AND HEALTH AND COMMUNITY SERVICES COMPLAINTS COMMISSIONER FOR THE NORTHERN TERRITORY - MOTION AGREED TO:
      The Chief Minister (Ms Martin), by leave, moved - That this Assembly, pursuant to section 4(3) of the Ombudsman Northern Territory Act and section 9(1) of the Health and Community Services Complaints Act, recommend to His Honour the Administrator that he appoint Carolyn Richards to hold the office of the Ombudsman and the office of the Health and Community Services Complaints Commissioner for the Northern Territory for a period of 5 years, effective upon endorsement from the Executive Council.
      Debate ensued.
      Question - put and passed.
5. APPOINTMENT OF ACTING OMBUDSMAN AND HEALTH AND COMMUNITY SERVICES COMPLAINTS COMMISSIONER FOR THE NORTHERN TERRITORY - MOTION AGREED TO:
      The Chief Minister (Ms Martin), by leave, moved - That this Assembly, pursuant to section 9(1) of the Ombudsman Northern Territory Act and section 10(1), of the Health and Community Services Complaints Act, recommend to His Honour the Administrator that he appoint Mr Victor Percival Feldman to act in the offices of the Ombudsman and Health and Community Services Complaints Commissioner for the Northern Territory, until the new Ombudsman and Commissioner can commence duties.
      Debate ensued.
      Question - put and passed.
6. REMUNERATION TRIBUNAL DETERMINATION NO. 1 of 2005 - REPORT ON THE SALARY, ALLOWANCES AND OTHER BENEFITS FOR MAGISTRATES - PAPER TABLED:
      The Chief Minister (Ms Martin) laid on the Table Remuneration Tribunal Determination No. 1 of 2005 - Report on the salary, allowances and other benefits for magistrates. (Paper 14)
      Ms Martin made a statement relating thereto.
      The Leader of the Opposition (Ms Carney), by leave, made a response thereto.

7. MESSAGE FROM THE ADMINISTRATOR, (No. 2) - SUPPLY BILL 2005/2006 (Serial 1):
      The Speaker presented the following message from His Honour the Administrator:
      Message No.2

      Supply Bill 2005/2006 (Serial 1)

      I, EDWARD JOSEPH EGAN, the Administrator of the Northern Territory of Australia, pursuant to section 11 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act to make interim provision for the issuing and expending of public moneys of the Territory for the year ending 30 June 2006.
      Dated 27 June 2005.

      Sgd E J Egan
      Administrator
      (Paper 15)

8. SUPPLY BILL 2005/2006 (Serial 1):
      The Treasurer (Mr Stirling), pursuant to notice, presented a Bill for an Act to make interim provision for the issuing and expending of public moneys of the Territory for the year ending 30 June 2006, the subject of a Message No. 2 from His Honour the Administrator presented earlier this day.
      Bill read a first time.
      Suspension of Standing Orders - Pass Bill through all stages: The Treasurer (Mr Stirling), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent the Supply Bill 2005/2006 (Serial 1), passing through all stages this sitting.
      Question - put and passed.
      Mr Stirling moved - That the Bill be now read a second time.
      Debate ensued.
      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 (Mr Stirling) the Bill was read a third time and passed to be a proposed law.
9. MESSAGE FROM THE ADMINISTRATOR, No. 3 - APPROPRIATION BILL (No. 2) 2005/2006 (Serial 2):
      The Speaker presented the following message from His Honour the Administrator:
      Message No.3

      Appropriation Bill (No. 2) 2005/2006 (Serial 2)

      I, EDWARD JOSEPH EGAN, the Administrator of the Northern Territory of Australia, pursuant to section 11 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act to authorise the issuing and expending of public moneys of the Territory for the year ending 30 June 2006.
      Dated 27 June 2005.

      Sgd E J Egan
      Administrator
      (Paper 16)

10. APPROPRIATION BILL (No. 2) 2005/2006 (Serial 2):
      The Treasurer (Mr Stirling), pursuant to notice, presented a Bill for an Act to authorise the issuing and expending of public moneys of the Territory for the year ending 30 June 2006, the subject of a Message No. 3 from His Honour the Administrator presented earlier this day.
      Bill read a first time.
      Suspension of Standing Orders - Pass Bill through all stages: The Treasurer (Mr Stirling), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent the Appropriation Bill (No. 2) 2005/2006 (Serial 2), passing through all stages this sitting.
      Question - put and passed.
      Mr Stirling moved - That the Bill be now read a second time.
      Debate ensued.
      On the motion of the Member for Blain (Mr Mills) debate was adjourned.
11. PAY-ROLL TAX AMENDMENT BILL (No. 2) 2005 (Serial 3); TAXATION (ADMINISTRATION) AMENDMENT BILL (No. 2) 2005 (Serial 4); AND STAMP DUTY AMENDMENT BILL (No. 2) 2005 (Serial 5):
      Suspension of Standing Orders - Take three Bills together: The Treasurer (Mr Stirling), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent three Bills, entitled -
      Pay-roll Tax Amendment Bill (No. 2) 2005 (Serial 3), Taxation (Administration) Amendment Bill (No. 2) 2005 (Serial 4), and Stamp Duty Amendment Bill (No. 2) 2005 (Serial 5),
      (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.

      Mr Stirling, pursuant to notice, presented a Bill for an Act to amend the Pay-roll Tax Act; a Bill for an Act to amend the Taxation (Administration) Act; and a Bill for an Act to amend the Stamp Duty Act.
      Bills read a first time.
      Suspension of Standing Orders - Pass three Bills through all stages: The Treasurer, pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent the Pay-roll Tax Amendment Bill (No. 2) 2005 (Serial 3); Taxation (Administration) Amendment Bill (No. 2) 2005 (Serial 4); and Stamp Duty Amendment Bill (No. 2) 2005 (Serial 5), passing through all stages at these sittings.
      Question -put and passed.

      Mr Stirling moved - That the Bills be now read a second time.
      Debate ensued.
      Explanatory statement: Mr Stirling laid on the Table an Explanatory Statement relating to the Bills. (Paper 17)
      On the motion of the Member for Blain (Mr Mills) debate was adjourned.
12. POSTPONEMENT OF BUSINESS:
      The Leader of Government Business (Mr Henderson) moved - That Government Business, Notices Nos. 10 and 11 relating to presentation of Bills entitled, Batchelor Institute of Indigenous Tertiary Education Amendment Bill 2005 (Serial 8); and the Charles Darwin University Amendment Bill 2005 (Serial 9), be postponed until a later hour.
      Question - put and passed.
13. BAIL AMENDMENT (REPEAT OFFENDERS) BILL (No. 2) 2005 (Serial 6):
      The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Bail Act.
      Bill read a first time.
      Dr Toyne moved - That the Bill be now read a second time.
      Debate ensued.
      Explanatory statement: Dr Toyne laid on the Table an Explanatory Statement relating to the Bill. (Paper 18)
      On the motion of the Leader of the Opposition (Ms Carney) debate was adjourned.

14. CRIMINAL CODE AMENDMENT (CRIMINAL RESPONSIBILITY REFORM) BILL (No.2) 2005 (Serial 7):
      The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Criminal Code in relation to criminal responsibility and to make consequential amendments of other legislation.
      Bill read a first time.
      Dr Toyne moved - That the Bill be now read a second time.
      Debate ensued.
      Explanatory statement: Dr Toyne laid on the Table an Explanatory Statement relating to the Bill. (Paper 19)
      On the motion of the Member for Katherine (Mrs F Miller) debate was adjourned.
15. YOUTH JUSTICE BILL (No. 2) 2005 (Serial 10) AND YOUTH JUSTICE (CONSEQUENTIAL AMENDMENTS) BILL (No. 2) 2005 (Serial 11):
      Suspension of Standing Orders - Take two Bills together: The Attorney-General (Dr Toyne), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent two Bills, entitled -
      Youth Justice Bill (No. 2) 2005 (Serial 10) and Youth Justice (Consequential Amendments) Bill (No. 2) 2005 (Serial 11),

      (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.

      Dr Toyne, pursuant to notice, presented a Bill for an Act providing for justice in relation to youths who have committed or are alleged to have committed offences, and for related matters; and a Bill for an Act to amend various Acts and subordinate legislation consequent on the enactment of the Youth Justice Act 2005.
      Bills read a first time.
      Dr Toyne moved - That the Bills be now read a second time.
      Debate ensued.
      Explanatory statement: Dr Toyne laid on the Table an Explanatory Statement relating to the Bills. (Papers 20 and 21)
      On the motion of the Member for Katherine (Mrs F Miller) debate was adjourned.

16. BATCHELOR INSTITUTE OF INDIGENOUS TERTIARY EDUCATION AMENDMENT BILL 2005 (Serial 8):
      The Minister for Employment, Education and Training (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend the Batchelor Institute of Indigenous Tertiary Education Act.
      Bill read a first time.
      Mr Stirling moved - That the Bill be now read a second time.
      Debate ensued.
      Explanatory statement: Mr Stirling laid on the Table an Explanatory Statement relating to the Bills. (Paper 22)
      On the motion of the Member for Greatorex (Dr Lim) debate was adjourned.
17. CHARLES DARWIN UNIVERSITY AMENDMENT BILL 2005 (Serial 9):
      The Minister for Employment, Education and Training (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend the Charles Darwin University Act.
      Bill read a first time.
      Mr Stirling moved - That the Bill be now read a second time.
      Debate ensued.
      Explanatory statement: Mr Stirling laid on the Table an Explanatory Statement relating to the Bills. (Paper 23)
      On the motion of the Member for Greatorex (Dr Lim) debate was adjourned.
      ______________

      Suspension of sittings: The sittings of the Assembly was suspended between 12.11 pm and 2.15pm.
      ______________

18. NOTICES:
      The following notice was given:
      Mr Wood: To move - That, there be a review of the impact of jury service pay entitlements on Territory private employers and employees to ensure they are not disadvantaged financially.
      _____________

      Visitors: The Speaker advised Members of the presence in the public gallery of Business Industry and Resources 2005 NTPS Graduate Programme students. On behalf of all Members the Speaker extended a warm welcome to the visitors.
      _____________

19. QUESTIONS:
      2.14pm Ms Carney to Ms Martin.
      2.19pm Mrs Sacilotto to Ms Martin.
      2.23pm Ms Carney to Ms Martin.
      2.25pm Mr Kiely to Mr Stirling.
      2.27pm Ms Carney to Ms Martin.
      2.32pm Mr Bonson to Dr Toyne.
      2.35pm Mr Wood to Ms Martin.
      2.37pm Mr McCarthy to Mr Henderson.
      2.41pm Ms Carney to Ms Martin.
      2.43pm Mr Knight to Dr Burns.
      2.46pm Mrs Braham to Ms Martin.
      2.50pm Mr Natt to Ms Martin.
      2.53pm Mr Mills to Ms Martin.
      2.54pm Mr Warren to Mr Stirling.
      2.56pm Mrs Braham to Ms Scrymgour.
      2.59pm Ms Anderson to Ms Scrymgour.
      3.01pm Ms Carney to Dr Toyne.
      3.06pm Mr Burke to Mr Stirling.
      3.12pm Mr Wood to Dr Burns.
      3.15pm Mr Kiely to Mr Vatskalis.

      The Leader of Government business (Mr Henderson) asked that further Questions be placed on the Written Question Paper.
20. ADDRESS-IN-REPLY - MOTION AGREED TO:
      The Order of the Day having been read for the resumption of debate on the question -


      That the following Address -in-Reply be agreed to:
      “MAY IT PLEASE YOUR HONOUR - We, the Legislative Assembly of the Northern Territory, in Parliament assembled, desire to express our loyalty to our Most Gracious Sovereign, and to thank Your Honour for the Speech which you have been pleased to address to the Assembly.”.
        Debate ensued.
        Extension of time: On the motion of the Member for Nightcliff (Ms Lawrie) the Member for Wanguri (Mr Henderson) was granted an extension of time.
        Debate continued.
        Question - put and passed.
    21. STATEMENT BY SPEAKER - ADDRESS-IN-REPLY PRESENTATION TO ADMINISTRATOR:
        The Speaker informed Members that she would advise them when His Honour the Administrator would be available to receive the Address-in-Reply and at that time would request Members to accompany her.
    22. REARRANGEMENT OF BUSINESS:
        The Leader of Government Business (Mr Henderson) moved - That Government Business, Order of the Day relating to consideration of the Appropriation Bill (No. 2) 2005/2005 (Serial 2) be called on forthwith.
        Question - put and passed.

    23. APPROPRIATION BILL (No. 2) 2005/2006 (Serial 2):
        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 -
        Question - put and passed.
        Bill read a second time.
        Committee consideration postponed until Thursday 7 July 2005 at 1pm, pursuant to resolution of the Assembly, dated 29 June 2005.

    24. NEXT MEETING:
        The Leader of Government Business (Mr Henderson) moved - That, the Assembly at its rising adjourn until 1 pm on Thursday 7 July 2005, 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.
        Question - put and passed.

    25. DEPARTMENT OF THE LEGISLATIVE ASSEMBLY - PORTFOLIO BUDGET STATEMENT 2005/2006 - PAPER TABLED:
        The Speaker laid on the Table the Department of the Legislative Assembly's Portfolio Budget Statement 2005/2006 (Paper 41).
        The Speaker made a statement relating thereto.

    26. ADJOURNMENT:
        The Leader of Government Business (Mr Henderson) moved - That the Assembly do now adjourn.
        Debate ensued.
        Question - put and passed.
        And the Assembly adjourned at 9.09 pm until 1 pm on Thursday 7 July 2005, 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.
        PAPERS:
        The following Papers were deemed to have been presented on Thursday 30 June 2005 -
        Coroners Act:
        In the matter of Coroner’s Finding and Recommendations into the Death of Ms Valerie Wurramara, pursuant to section 46B, dated 5 May 2005 (Paper 24)
        In the matter of Coroner’s Finding and Recommendations into the Death of Mr Rodney Nagas, pursuant to section 46B, dated 4 May 2005 (Paper 25)
        In the matter of Coroner’s Finding and Recommendations into the Death of Ms Nikita Virginia Anderson, pursuant to section 46B, dated 16 May 2005 (Paper 26)
        In the matter of Coroner’s Finding and Recommendations into the Death of Mr William Mark Bunting, pursuant to section 46B, dated 12 May 2005 (Paper 27)

        Regulations 2005:
        No. 10, Australian Crime Commission (Northern Territory) Regulations (Paper 28)
        No. 11, Planning Amendment (Exempt Subdivisions) Regulations 2005 (Paper 29)
        No. 12, Tobacco Control Amendment (Quitline Number) Regulations 2005 (Paper 30)
        No. 13, Fisheries Amendment (Shark Fishery) Regulations 2005 (Paper 31)
        No. 14, Supreme Court Amendment (Registration of Foreign Judgments) Rules 2005 (Paper 32)
        No. 15, Construction Industry Long Service Leave and Benefits Regulations (Paper 33)
        No. 16, Volunteer Bushfire Brigades Amendment Regulations 2005 (Paper 34)
        No. 17, Bushfires Regulations (Paper 35)
        No. 18, Fines and Penalties (Recovery) Amendment Regulations 2005 (Paper 36)
        No. 19, Fines and Penalties (Recovery) Amendment (Agvet Chemicals Act) Regulations 2005 (Paper 37)
        No. 20, Construction Contracts (Security of Payments) Regulations (Paper 38)
        No. 21, Residential Tenancies Amendment Regulations 2005 (Paper 39)
        No. 22, Agricultural and Veterinary Chemicals (Control of Use) Regulations (Paper 40)
    _________________
        ATTENDANCE:
        All Members attended the sitting.
    Last updated: 04 Aug 2016
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