Minutes of Proceedings - 2008-05-07
1. MEETING:
The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. VISITORS:
4. MINISTERIAL REPORTS:
5. REVENUE LAW REFORM (BUDGET INITIATIVES) BILL 2008 (Serial 146) AND PAY-ROLL TAX AMENDMENT (HARMONISATION) BILL 2008 (Serial 148):
11. QUESTIONS:
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 galleries of Leanyer Primary School Year 3 students accompanied by Ms Fran Selvadurai.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
4. MINISTERIAL REPORTS:
- Alice Springs Cup 2008: The Minister for Central Australia (Mr Knight) reported on the Alice Springs Cup Carnival 2008 at Pioneer Park.
Mr Conlan responded.
Mrs Braham responded.
Mr Knight responded.
Public Sector training and Apprenticeship Program: The Minister for Young Territorians (Mr Bonson) reported on the NTPS Training and Apprenticeship Program outcomes.
Mrs Miller responded.
Mr Wood responded.
Mr Bonson replied.
Migration International Expos: The Minister for Business and Economic Development (Mr Vatskalis) reported on a delegation attending skilled migration expositions in London and South Africa to facilitate skilled migration to the Territory. for the Territory.
Mr Mills responded.
Mr Vatskalis replied.
Ministerial Reports noted, pursuant to Standing Orders.
5. REVENUE LAW REFORM (BUDGET INITIATIVES) BILL 2008 (Serial 146) AND PAY-ROLL TAX AMENDMENT (HARMONISATION) BILL 2008 (Serial 148):
- Suspension of Standing Orders - Take two Bills together:
The Treasurer (Ms Lawrie), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent Bills entitled - Revenue Law Reform (Budget Initiatives) Bill 2008 (Serial 146) and Pay-roll Tax Amendment (Harmonisation) Bill 2008 (Serial 148),
(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.
Mrs Lawrie, pursuant to notice, presented a Bill for an Act to amend the Stamp Duty Act, the First Home Owner Grant Act and the Taxation Act and to make miscellaneous minor amendments to other legislation; and A Bill for an Act to amend the Pay-roll Tax Act, and for related purposes.
Bills read a first time.
Ms Lawrie moved - That the Bills 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 Katherine (Mrs Miller) debate was adjourned.
- The Minister for Mines and Energy (Mr Natt), pursuant to notice, presented a Bill for an Act to establish a framework to enable third parties to gain access to certain natural gas pipelines services, to repeal the Gas Pipelines Access (Northern Territory) Act 1998, and for related purposes.
Bill read a first time.
Mr Natt moved - That the Bill be now read a second time.
Debate ensued.
Paper tabled: Mr Natt laid on the Table the following Paper -
On the motion of the Member for Katherine (Mrs Miller) 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.
Debate suspended.
- The Order of the Day, pursuant to resolution of the Assembly of 6 May 2008, having been read for the resumption of debate on the question - That the Bill be now read a second time -
The Leader of the Opposition (Mr Mills) made his Budget 2008 response.
On the motion of the Chief Minister (Mr Henderson) debate was adjourned.
- 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.
________________
Visitors: The Speaker advised Members of the presence in the Speaker's Gallery of Ms Liz McFarlane, parliamentary officer of the Legislative Assembly.
On behalf of all Members the Speaker extended a warm welcome to the visitor.
________________
Debate continued.
Debate suspended.
_________________
Suspension of sittings: The sittings of the Assembly was suspended between 12.03pm and 2pm.
_________________
- The following notice was given -
Ms Scrymgour: To present the Electrical Workers and Contractors Amendment Bill 2008 (Serial 150).
11. QUESTIONS:
- 2.04pm Mr Mills to Ms Lawrie.
2.06pm Ms Sacilotto to Ms Lawrie.
2.10pm Mr Mills to Ms Lawrie.
2.11pm Mr Burke to Ms Lawrie.
2.14pm Mr Wood to Ms Lawrie.
2.16pm Ms McCarthy to Mr Henderson.
2.22pm Mr Mills to Ms Lawrie.
2.25pm Ms Sacilotto to Mr Vatskalis.
2.28pm Mr Mills to Ms Lawrie.
2.31pm Ms Anderson to Ms Scrymgour.
2.34pm Mr Mills to Ms Lawrie.
2.37pm Mr Hampton to Mr Vatskalis.
2.41pm Mrs Braham to Ms Lawrie and referred to Mr Bonson.
2.46pm Mr Mills to Ms Lawrie.
2.49pm Ms McCarthy to Mr Knight.
2.52pm Mr Mills to Mr Henderson.
2.55pm Mr Warren to Mr Natt.
2.58pm Mr Wood to Ms Lawrie.
2.59pm Ms Anderson to Mr Vatskalis.
The Leader of Government Business (Ms Lawrie) 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.
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 and Deputy Speaker - Ms Sacilotto)
In Committee
(Chairman and Deputy Speaker - Ms Sacilotto)
The Minister for Local Government (Mr Knight) made a statement relating to the proposed amendments and government policy intentions associated therewith.
The Member for Nelson (Mr Wood), by leave, responded to the statement.
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of Mr Knight the following amendment was agreed to, after debate.
Omit from Clause 3, the definition "Aboriginal community living area" and substitute -
- Aboriginal community living area means:
(a) an area granted as an Aboriginal community living area under Part 8 of the Pastoral Land Act (or the corresponding previous legislative provisions); or
(b) an area that the Minister designates by Gazette notice as an Aboriginal community living area.
On the motion of Mr Knight the following further amendment was agreed to.
Omit from Clause 3, the definition "council subsidiary".
On the motion of Mr Knight the following further amendment was agreed to, after debate.
Insert (in alphabetical order) -
local government subsidiary, see section 27.
On the motion of Mr Knight the following further amendment was agreed to.
Omit from Clause 3, definition mining tenement -
- " (but does not include such a lease or authority if it is not being actively used for the purpose)".
And insert in its stead -
"(but if some further statutory authorisation or approval is necessary for the commercial production of minerals, petroleum or natural gas from the land, such a lease or authority is not to be considered a mining tenement unless the further statutory authorisation or approval exists)".
Clause 3, as amended, agreed to.
Clauses 4 to 11, by leave, taken together and agreed to, after debate.
Clause 12 read.
On the motion of Mr Knight the following amendment was agreed to, after debate.
Omit paragraphs (f) and (g).
On the motion of Mr Knight the following further amendment was agreed to.
Insert at the end -
- "(2) The functions of a council may (if the council chooses to exercise them) include the following:
- (a) to promote its area as a location for appropriate industries or commerce or as an attractive tourist destination;
(b) to establish or support organisations or programs that benefit the council area.".
Clause 12, as amended, agreed to.
Clause 13 agreed to.
Clause 14 read.
On the motion of Mr Knight the following amendment was agreed to, after debate.
Omit subclause 1 and insert in its stead -
- "(1) A council may provide services outside its own area but cannot exercise its regulatory powers outside its own area except:
- (a) by mutual agreement with the council in whose area the powers are to be exercised; or
(b) if the powers are to be exercised outside council areas – with the Minister's consent.".
In subclause 2 insert after "without the agreement of another council", -
- "or the Minister's consent (as the case requires),".
Clause 14, as amended, agreed to.
Clauses 15 to 20, by leave, taken together and agreed to, after debate.
________________
Suspension of sittings: The sittings of the Assembly was suspended between 5.45pm to 5.54pm.
________________
Clause 21 read.
On the motion of Mr Knight the following amendment was agreed to, after debate.
Add at the end -
- "(3) Copies of a regional management plan are to be available free of charge:
- (a) at the Agency's public offices; and
(b) at the public office of a council for an area within the region.".
Clause 22 read.
On the motion of Mr Knight the following amendment was agreed to, after debate.
Omit subclause (3) and insert in its stead -
- "(3) A council's municipal or shire plan:
- (a) must be accessible on the council's website; and
(b) must be available for inspection at the council's public office; and
(c) must be available for purchase at a fee fixed by the council from the council's public office.".
Clause 23 read.
On the motion of Mr Knight the following amendment was agreed to, after debate.
In subclause (2) omit "subsection (1)(b)" and insert in its stead "subsection (1)(c)".
Clause 23, as amended, agreed to.
Clause 24 read.
On the motion of Mr Knight the following amendment was agreed to.
Insert at the end -
(4) The adoption of a budget, or of amendments to it, operates to amend the municipal or shire plan so that it conforms with the most recent text of the council's budget.".
Clauses 25 and 26, by leave, taken together and agreed to.
Clause 27 read.
On the motion of Mr Knight the following amendment was agreed to.
In subclause (1) - Omit "(a council subsidiary)" substitute "(a local government subsidiary)".
On the motion of Mr Knight the following further amendment was agreed to.
Omit subclause (3) and insert in its stead -
"(3) LGANT may exercise the powers of a council under this section to form a local government subsidiary, or to participate with a council or 2 or more councils in the formation of a local government subsidiary and, if it does so, a reference in this Division to a council or a constituent council extends to LGANT.".
Clause 27, as amended, agreed to.
Clauses 28 and 29, by leave, taken together and agreed to.
Clause 30 read.
On the motion of Mr Knight the following amendment was agreed to.
Insert in subclause (2), after "is to contain", ",or to incorporate by reference,".
Clause 30, as amended, agreed to.
Clauses 31 to 35, by leave, taken together and agreed to.
Clause 36 read.
On the motion of Mr Knight the following amendment was agreed to, after debate.
Omit subclause (2).
Clause 36, as amended, agreed to.
Clause 37 read.
On the motion of Mr Knight the following amendment was agreed to, after debate.
Omit subclause (1)(d) and insert in its stead -
- "(d) is an employee of the council whose seniority disqualifies the employee from membership of the council in accordance with criteria laid down in Ministerial guidelines; or".
Clause 38 agreed to.
Clause 39 read.
On the motion of Mr Knight the following amendment was agreed to, after debate.
In subclause (1)(c) omit -
- "or, in the case of a member of a shire council, ceases to be enrolled as an elector in respect of a place of residence within the ward the member was elected or appointed to represent".
Clause 39, as amended, agreed to.
Clauses 40 and 41, by leave, taken together and agreed to.
Clause 42 read.
On the motion of Mr Knight the following amendment was agreed to, after debate.
Omit subclause (1) and insert in its stead -
- "(1) The principal member of a municipal council is to have the title Mayor.
(1A) However:
- (a) in the case of the Darwin City Council, the principal member is to have the title Lord Mayor; and
(b) in the case of the Litchfield Council, the principal member is to have, at the election of the council, the title President or Mayor.".
Clause 42, as amended, agreed to.
Clauses 43 to 63, by leave, taken together and agreed to, after debate.
________________
Suspension of sittings: The sittings of the Assembly was suspended between 6.58pm to 7.05pm.
________________
Clause 64 read.
On the motion of Mr Knight the following amendment was agreed to, after debate.
Omit subclause (1)(a) and (b) and insert in their stead -
- "(a) in the case of a local board – a member appointed by board as its Chair; or
(b) in the case of a council committee – a member appointed by the council as Chair of the committee; or
(c) if the Chair is not present (or no-one currently holds the position of the Chair) – a member chosen by the members present at the meeting to chair the meeting.".
Clauses 65 to 100, by leave, taken together and agreed to, after debate.
Clause 101 read.
On the motion of Mr Knight the following amendment was agreed to.
Omit the Heading and insert in its stead "Role and functions of CEO".
Clause 101, as amended, agreed to.
Clauses 102 to 126, by leave, taken together and agreed to.
Clause 127 read.
On the motion of Mr Knight the following amendment was agreed to.
In subclause(3) omit "unless the Minister approves".
Clause 127, as amended, agreed to.
Clauses 128 to 143, by leave, taken together and agreed to, after debate.
Clause 144 read.
On the motion of Mr Knight the following amendment was agreed to.
Insert after subclause (1) (j) -
- "(ja) land owned by a Land Trust or an Aboriginal community living area association except:
- (i) land designated in the regulations as rateable; or
(ii) land subject to a lease or a licence conferring a right of occupancy; or
(iii) land used for a commercial purpose;".
Clause 145 read.
On the motion of Mr Knight the following amendment was agreed to.
Add at the end of subclause (2) -
- Note
The above provision is applicable to land of a Land Trust that is not fully exempt from rates under section 144(1)(ja).
Add at the end of subclause (3) -
- Note
The above provision is applicable to land of an Aboriginal community living area that is not fully exempt from rates under section 144(1)(ja).
Clauses 146 to 148, by leave, taken together and agreed to.
Clause 149 read.
On the motion of Mr Knight the following amendment was agreed to.
Insert at the end -
- "(3) However:
- (a) the unimproved value of a mining tenement is its assessed value; and
(b) the unimproved value is taken to be 20 times the annual rental payable under the tenement.".
Clauses 150 to 152, by leave, taken together and agreed to.
Clause 153 read.
On the motion of Mr Knight the following amendment was agreed to.
Omit subclause (4).
Clause 153, as amended, agreed to.
Clauses 154 to 169, by leave, taken together and agreed to.
Clause 170 read.
On the motion of Mr Knight the following amendment was agreed to, after debate.
Add at the end -
- "Exceptions:
1. Rates do not become a charge on land unless the owner of the land is a ratepayer who is liable for the rates that are in arrears.
2. Rates cannot become a charge on land within an Aboriginal community living area.".
Clauses 171 to 183, by leave, taken together and agreed to.
Clause 184 read.
On the motion of Mr Knight the following amendment was agreed to.
Omit subclause (1) and insert in its stead -
- (1) A public cemetery situated in a council's area is under the care, control and management of the council.
Clause 185 read.
On the motion of Mr Knight the following amendment was agreed to.
Omit subclause (1)(b) and insert in its stead -
- "(b) land vested in, or placed under the care control and management of, a council as a road or a road reserve, after the commencement of this Act, under this or some other Act; and".
Omit subclause (2) and insert in its stead -
- (2) If a council agrees, the Minister may, by Gazette notice, vest Crown land in, or place Crown land under the care, control and management of, the council as a road or a road reserve.
Clause 186 read.
On the motion of Mr Knight the following amendment was agreed to, after debate.
Omit subclauses (2) and (3) and insert in their stead -
- "(2) After consulting with a council, the Minister may, by Gazette notice withdraw a road from the care, control and management of the council and place it under the care control and management of the Territory.
(3) Subject to any contrary agreement between the council and the Minister, if a road is vested in the council, a notice under subsection (2) divests the road from the council and vests it in the Territory.
(3A) If a council has the care, control and management of a road that is vested in someone else, then, subject to any contrary agreement between the council and the owner, the powers of the council to control and manage the road are exclusive of those of the owner.".
Clause 187 read.
On the motion of Mr Knight the following amendment was agreed to.
Omit subclauses (2) and (3) and insert in their stead -
- (2) However, a road or part of a road is not to be permanently closed under subsection (1) unless:
- (a) any relevant procedural requirements prescribed by regulation have been satisfied; and
(b) the following Ministers consent:
(i) the Minister responsible for the administration of the Control of Roads Act;
(ii) the Minister responsible for the administration of this Act.
Clauses 188 and 189, by leave, taken together and agreed to.
Clause 190 read.
On the motion of Mr Knight the following amendment was agreed to.
Add at the end -
- Note
Section 63 of the Interpretation Act is also relevant to the making of by-laws. Section 63(2) provides that by-laws must be signed by a person authorised by the council to sign them and forwarded to the Minister. Section 63(3) provides that, where by-laws are forwarded to the Minister, the Minister must cause them to be notified in the Gazette and must lay them before the Legislative Assembly within 3 sitting days after the Gazette notification. By-laws are then liable to disallowance by the Legislative Assembly under section 63(9). By-laws take effect when notified in the Gazette unless the by-laws themselves make provision for commencement on a later date (section 63(3)(b)).
Clauses 191 to 248, by leave, taken together and agreed to.
Clause 249 read.
On the motion of Mr Knight the following amendment was agreed to.
Insert after subclause (1) -
- Note
This provision is intended to apply irrespective of whether there is an explicit reference to service in the provision requiring or permitting service or some other expression such as "give the notice …" is used.
Clauses 250 to 256, by leave, taken together and agreed to.
Clause 257 read.
On the motion of Mr Knight the following amendment was agreed to.
In subclause (3)(a) omit "this Act" and insert in its stead "the relevant legislation".
Clause 257, as amended, agreed to.
Clauses 258 to 260, by leave, taken together and agreed to.
Clause 261 read.
On the motion of Mr Knight the following amendment was agreed to.
Insert (in alphabetical order)
- Top End councils means:
(a) the Litchfield municipal council; and
(b) the Belyuen community government council (which becomes a shire council under this Chapter); and
(c) the Coomalie community government council (which becomes a shire council under this Chapter); and
(d) the Cox Peninsula community government council (which becomes a shire council under this Chapter).
Clause 262 read.
On the motion of Mr Knight the following amendment was agreed to.
Add at the end -
- (7) This section is subject to the following qualifications:
- (a) the body corporate constituted as the prospective Top End Shire Council by restructuring order under the former Act:
- (i) does not become a shire council; and
(ii) continues in existence only for the purpose of being wound up;
(c) this section has no effect on the councils that were to be constituent councils for the proposed Top End Shire (i.e. the Top End councils).
Clause 263 agreed to.
Clause 264 read.
On the motion of Mr Knight the following amendment was agreed to.
Omit subclause (1) and insert in its stead -
- "(1) Except as provided in this Chapter:
- (a) councils and local government areas continue in existence, subject to this Act, as constituted immediately before the date of transition; and
(b) members of a council in office immediately before the date of transition continue in office, subject to this Act, until the next general election for the council.".
Insert at the end -
- "(5) Anything done by a council after the enactment but before the commencement of this Act, and in accordance with its provisions, is validly done despite any conflict with the provisions of the former Act.
- Example
A council might in its budget for the 2008-2009 financial year fix allowances for its members (see section 127(2)(f)).
New Clause 264A.
On the motion of Mr Knight the following new clause was inserted in the Bill -
- 264A Special provisions for Top End councils
- (1) This Chapter applies to the Top End councils subject to the following qualifications.
(2) On the date of transition:
- (a) the name of the Litchfield municipal council is changed to Litchfield Council;
(b) the Belyuen Community Government Council becomes a shire council under a name to be assigned by the Minister and the area of the council becomes a shire; and
(c) the Coomalie Community Government Council becomes a shire council under a name to be assigned by the Minister and the area of the council becomes a shire; and
(d) the Cox Peninsula Community Government Council becomes a shire council under a name to be assigned by the Minister and the area of the council becomes a shire.
- (a) assign a name to a council under subsection (2); or
(b) fix a date for the holding of the first general election for a Top End council to be held after the date of transition.
Clause 266 read.
On the motion of Mr Knight the following amendment was agreed to.
Omit from subclause (1) "31 May 2008" and insert in its stead "the date of transition".
Clause 266, as amended, agreed to.
Clauses 267 and 268, by leave, taken together and agreed to.
Schedule 1 read.
On the motion of Mr Knight the following amendment was agreed to.
Omit from Region 1 "Top End Shire Council" and insert in its stead "Litchfield Council, the councils fro Belyuen, Coomalie, and Cox peninsula shires
Schedule 1, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to, after debate.
Bill to be reported with amendments.
____________________
The Assembly resumed; the Speaker took the Chair; the Chairman and Deputy Speaker (Ms Sacilotto) reported that the Assembly had agreed to the Bill with amendments.
The report was adopted.
The Minister for Local Government (Mr Knight) moved - That the Bill be now read a third time.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
- The Leader of Government Business (Ms Lawrie) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 9.35pm until tomorrow at 10am.
_________________
PAPERS:
There were no Papers deemed to have been presented on Wednesday 7 May 2008 -
_________________
- ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016