Minutes of Proceedings - 2007-08-22
1. MEETING:
2. PRAYERS.
3. DISTINGUISHED VISITORS:
Mrs Minna Sitzler AM; and Ms Shelley Forester, Ben and Nick Forester - family of the late Mr Paul Sitzler,
Hon Shane Stone AC PGDK QC, former Chief Minister of the Northern Territory and Mrs Josephine Stone AM.
4. VISITORS:
5. CONDOLENCE - MR PAUL SITZLER OAM - MOTION AGREED TO:
7. LIQUOR LEGISLATION AMENDMENT BILL 2007 (Serial 113):
10. NOTICES:
11. QUESTIONS:
12. TRANSPORT LEGISLATION (DEMERIT POINTS) AMENDMENT BILL 2007 (Serial 106):
13. ANSWER TO QUESTION:
14. MINISTERIAL STATEMENT - NORTHERN TERRITORY INDIGENOUS PLAN OF ACTION - MOTION TO TAKE NOTE OF THE STATEMENT:
- The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. DISTINGUISHED VISITORS:
- The Speaker advised Members of the presence in the Speaker's Gallery of -
Mrs Minna Sitzler AM; and Ms Shelley Forester, Ben and Nick Forester - family of the late Mr Paul Sitzler,
Hon Shane Stone AC PGDK QC, former Chief Minister of the Northern Territory and Mrs Josephine Stone AM.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
4. VISITORS:
- The Speaker advised Members of the presence in the public galleries of Year 6/7 students from St Andrew Lutheran School accompanied by Ms Carly Monro and Year 6/7 Gray Primary School students accompanied by Kate Phillips.
On behalf of all Members the Speaker extended a warm welcome to the visitors
5. CONDOLENCE - MR PAUL SITZLER OAM - MOTION AGREED TO:
- The Chief Minister (Ms Martin), by leave, moved - That this Assembly express its deep regret at the passing of Mr Paul Sitzler OAM, a man who helped build and modernise the Territory and contributed so much to the community and tender its profound sympathy to his family.
The Chief Minister (Ms Martin) addressed the Assembly.
The Leader of the Opposition (Ms Carney) addressed the Assembly.
Debate ensued.
Question - put and passed.
As a mark of respect Members stood in their places for one minute, in silence.
- Interstate Seniors Trip: The Chief Minister (Ms Martin) reported on her proposed visit interstate to study the growing need to provide housing and care facilities and programs for the aged and their living lifestyle needs.
Mrs Miller responded.
Mr Wood responded.
Territory Hospitals Performance: The Minister for Health (Dr Burns) reported on the Territory public hospitals' performances compared with interstate hospital services, especially the Elective Surgery and Emergency and Departments.
Mr Conlan responded.
Film Industry: The Minister for the Arts and Museums (Ms Scrymgour) reported on the economic benefits of the film industry productions to the Territory.
Mrs Miller responded.
Mrs Braham responded.
Ms Scrymgour replied.
Ministerial Reports noted, pursuant to Standing Orders.
7. LIQUOR LEGISLATION AMENDMENT BILL 2007 (Serial 113):
- The Minister for Alcohol Policy (Dr Burns), pursuant to notice, presented a Bill for an Act to amend the Liquor Act, and for related purposes.
Bill read a first time.
Dr Burns moved - That the Bill be now read a second time.
Debate ensued.
Paper tabled: Dr Burns laid on the Table the following Paper -
On the motion of the Member for Blain (Mr Mills) debate was adjourned.
- The Minister for Child Protection (Ms Scrymgour), pursuant to notice, presented a Bill for an Act about the care and protection of children, and for related purposes.
Bill read a first time.
Ms Scrymgour moved - That the Bill be now read a second time.
Debate ensued.
Paper tabled: Ms Scrymgour laid on the table the following Paper -
On the motion of the Member for Greatorex (Mr Conlan) debate was adjourned.
- The Minister for Local Government (Mr McAdam), pursuant to notice, presented a Bill for an Act to amend the Local Government Act and the Associations Act.
Bill read a first time.
Mr McAdam moved - That the Bill be now read a second time.
Debate ensued.
Paper tabled: Mr McAdam laid on the Table the following Paper -
On the motion of the Member for Greatorex (Mr Conlan) debate was adjourned.
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Suspension of sittings: The sittings of the Assembly was suspended between 12 Noon and 2pm.
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10. NOTICES:
- The following notices were given:
Mr Stirling: To present the Bail Amendment Bill 2007 (Serial 107).
Mr Stirling: To present the Taxation Administration Bill 2007 (Serial 108).
Mr Stirling: To present the First Home Owner Grant Amendment Bill 2007 (Serial 109).
Mr Stirling: To present the Pay-roll Tax Amendment Bill 2007 (Serial 110).
Mr Stirling: To present the Revenue Law Reform (Stamp Duty) Bill 2007 (Serial 111).
Mr Stirling: To move - That so much of Standing Orders be suspended as would prevent four Bills entitled, Taxation Administration Bill 2007 (Serial 108), First Home Owner Grant Amendment Bill 2007 (Serial 109), Pay-roll Tax Amendment Bill 2007 (Serial 110) and Revenue Law Reform (Stamp Duty) Bill 2007 (Serial 111),
- (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.
11. QUESTIONS:
- 2.03pm Ms Carney to Ms Martin.
2.04pm Ms Sacilotto to Mr Stirling.
2.09pm Ms Carney to Ms Martin.
2.14pm Mr Burke to Ms Lawrie.
Paper tabled: Ms Lawrie laid on the Table the following Paper -
2.19pm Mr Mills to Ms Martin.
2.23pm Mr Hampton to Ms Martin.
2.27pm Mr Wood to Mr Stirling.
2.30pm Mr Mills to Ms Martin.
2.36pm Mr Knight to Mr Natt.
2.39pm Mr Mills to Ms Martin.
2.42pm Mr Bonson to Dr Burns.
2.46pm Mrs Braham to Dr Burns.
2.50pm Mr Bonson to Ms Lawrie.
2.52pm Mr Conlan to Mr McAdam.
2.57pm Mr Hampton to Ms Scrymgour.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
12. TRANSPORT LEGISLATION (DEMERIT POINTS) AMENDMENT BILL 2007 (Serial 106):
- 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 ensued.
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
(Chairman and Deputy Speaker - Mr Knight)
In Committee
(Chairman and Deputy Speaker - Mr Knight)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Minister for Infrastructure and Transport (Ms Lawrie) the following amendment was agreed to, after debate -
In proposed section 26, definition "demerit points offence", paragraph (a) -
- Omit "Schedule 1A" and insert in its stead "Schedule 1".
On the motion of Ms Lawrie the following further amendment was agreed to, after debate -
In proposed section 33B(2) -
omit, substitute
(2) A person also reaches the suspension threshold if:
(a) the person is:
- (i) the holder of a learner licence or a licence that is provisional; or
(ii) subject to subsection (3), a visiting driver; and
(3) Subsection (2) does not apply to a visiting driver who holds a licence or permit from another jurisdiction unless the licence or permit is equivalent to a licence mentioned in subsection (2)(a)(i).
Add after Division 6 -
- Division 6A - No Points Bonus
33LA. Rewards for driving without demerit points
(1) This section applies if a person:
(a) Holds a valid Northern Territory current drivers licence, excluding a learners' or provisional licence; and
(b) Has not incurred any demerit points within the Northern Territory or interstate jurisdiction during a three year period.
(2) The person will be eligible for a No Points Bonus of a 10 percent discount on one vehicle registration premium.
(3) The No Points Bonus discount will increase by 10 percent each three year period where there have been no demerit points incurred until it reaches the maximum discount amount.
(4) The Maximum Discount Amount of the No Points Bonus will be 60% of the vehicle renewal registration premium.
(5) If the person in receipt of a No Points Bonus discount incurs one or more demerit points, their No Points Bonus will be cancelled.
(6) Where 33LA(5) applies, the person will not be eligible for a No Points Bonus discount until they have not incurred any further demerit points for three years.
Amendment negatived, after debate.
Clause 4, as amended, agreed to.
Clauses 5 and 6, by leave, taken together and agreed to.
Clause 7 read.
On the motion of Ms Lawrie the following amendment was agreed to, after debate -
In the definition of "demerit points offence", omit Schedule 1A and substitute Schedule 1.
Clause 7, as amended, agreed to.
Clauses 8 to 16, by leave, taken together and agreed to.
Clause 17 negatived.
New Clause 17.
On the motion of Ms Lawrie the following new Clause 17 was inserted in the Bill -
"17. Repeal and substitution of Schedule 1
- Schedule 1
repeal, substitute
SCHEDULE 1
Regulations 39 and 44
TRAFFIC INFRINGEMENT NOTICE OFFENCES
| Column 1
Traffic Offence | Column 2
Offence Provision | Column 3
Penalty | Column 4
Demerit Points |
| 1. Exceed Speed Limit |  | | |
| By up to 15 km/h | ARR 20 | 1001 |
| Over 15 km/h up to 30 km/h | ARR 20 | 2003 |
| Over 30 km/h up to 45 km/h | ARR 20 | 3004 |
| Over 45 km/h | TA 30A, ARR 20 | 5006 |
| 2. Seat Belts | | | |
| Driver fails to wear seat belt | TR 6(3), ARR 264(1) | 2003 |
| Driver fails to ensure child or young person wears seat belt / restraint | TR 5, 6(2), ARR 266(1) | 2403 |
| Adult passenger fails to wear seat belt | TR 6(3), ARR 265(1) | 200 |
| 3. Traffic Lights | | | |
| Fail to obey red traffic light | ARR 56(1), 56(2), 59(1), 60, 66(1) | 2403 |
| Fail to obey yellow traffic
light | ARR 57(1), 57(2) | 100 |
| 4. Traffic Control Devices | | | |
| Fail to obey traffic control device | ARR 29, 39(1), 39(2), 40, 41, 57(1), 57(2) 61, 62, 64, 65, 67(1), 68(1), 69(1), 70, 71(1), 80(2), 80(3), 88(1), 88(2), 89(1), 89(2), 90, 91(1), 91(2), 92(1)(b), 92(2), 93(1), 94, 95(1), 96(1), 97(1), 98(1), 99(1), 99(2), 100, 103(1), 103(2), 104(1), 104(2), 104(3), 105, 106(1), 106(2), 106(3), 108(1), 116, 130(2), 131, 153(1), 167, 168(1), 169, 232(1), 252(1) | 80 |
| Fail to obey traffic control device at level crossing | ARR 121, 122, 123 ARR 124 | 500 5003 |
| 5. L or P Plates | | | |
| Drive without "L" or "P" plates when required | TR 12(4), 13(2), 14(2), 15(1) | 1002 |
| 6. Labels | | | |
| Registration label not properly displayed | TR 26(1), 26(2) | 40 |
| Expired registration label not removed | TR 26(2)(b) | 40 |
| 7. Bicycles | | | |
| Fail to have lamp alight | ARR 259 | 25 |
| Ride bicycle incorrectly | ARR 245 | 25 |
| Carry excess persons on bicycle | ARR 246 | 25 |
| Ride within 2m of rear of motor vehicle | ARR 255 | 25 |
| Fail to give way to pedestrian | ARR 250(2)(b) | 25 |
| Ride in race or trial without permit | TR 37 | 25 |
| Bicycle rider holding moving vehicle | ARR 254(2) | 25 |
| Ride bicycle without helmet | ARR 256(1) | 25 |
| Ride bicycle without helmet securely fastened | ARR 256(1) | 25 |
| Rider fails to ensure child or young person wears helmet | ARR 256(2) | 25 |
| 8. Lights | | | |
| Drive with faulty or unlit headlights / taillights | ARR 215(1) | 50 |
| Fail to dip headlights | ARR 218(1)(a) | 50 |
| Other lights not operated as required | ARR 215(1)(b), 216(1) | 50 |
| 9. Motorcycle Helmets | | | |
| Ride without wearing helmet (passenger or driver) | ARR 270(1), 270(2) | 100 |
| Ride without helmet securely fastened (passenger or driver) | ARR 270(1)(a) | 80 |
| Carry pillion or sidecar passenger not wearing
helmet | ARR 270(1)(b) | 80 |
| Wear helmet not approved or deteriorated | TR 8, ARR 270(1) | 60 |
| 10. Incorrect Turns | | | |
| Make a turn contrary to Regulations (includes unsafe U-turn and fail to obey arrows) | ARR 27(1), 28(1), 29, 31(1), 32(1), 33(1), 34(1), 37, 38 | 60 |
| Fail give way to pedestrian while turning | ARR 62, 72(1), 72(5), 73(1), 74(1), 75(1) | 100 |
| 11. Crossing Lines | | | |
| Cross single unbroken line | ARR 138, 147, 150 | 80 |
| Cross double lines where not permitted | ARR 132(2) | 80 |
| 12. Signals | | | |
| Fail to signal turns, change lanes, stop | ARR 46(1), 48(1) | 60 |
| Fail to cancel signal | ARR 46(4), 48(4), 51 | 40 |
| 13. Crossings | | | |
| Fail to give way at pedestrian crossing | ARR 81(2) | 100 |
| Fail to give way at children's crossing | ARR 80(2) | 120 |
| 14. Keep Left | | | |
| Fail to keep left | ARR 27(1), 129(1), 130(2), 131, 132(1), 132(2), 135(1) | 50 |
| 15. Keep to Traffic Lanes | | | |
| Fail to keep to left lane when not overtaking | ARR 130(2) | 50 |
| Fail to drive in traffic lane | ARR 146(1) | 50 |
| 16. Body Protruding from Vehicle | | | |
| Drive while part of body or passenger's body protruding | ARR 268(4) | 50 |
| Ride as passenger with part of body protruding | ARR 268(3) | 50 |
| Drive while passenger on step, boot, bonnet, roof or on tailgate / trayside of, or while standing in utility or other truck | ARR 268(1), 268(4) | 100 |
| Ride as passenger on step, boot, bonnet, roof or on tailgate / trayside of, or while standing in utility or other truck | ARR 268(1), 268(2), 298 | 100 |
| Drive while child or young person in open load space of vehicle | TR 7(1)(a), ARR 268(4A), 268(4B) | 120 |
| Drive while passenger (other than child or young person) in open load space of vehicle | TR 7(1)(a), 9(1) ARR 268(2) | 80 |
| Ride as adult passenger in open load space of vehicle | TR 7(1)(b), ARR 268(2) | 100 |
| 17. Number Plates | | | |
| Number plate not clearly
visible | TR 26(2)(a) | 30 |
| Number plate missing | TR 26(1)(a) | 40 |
| 18. Fail to Give Way | | | |
| Fail to give way to right | ARR 72(1), 75(1)(c), 72(5)(b) | 100 |
| Fail to give way at intersection | ARR 72(1), 73(1), 75(1) | 100 |
| Fail give way to emergency vehicle | ARR 79(1) | 100 |
| Drive wrong way in a one way street | ARR 98(1) | 100 |
| 19. Obstruct Traffic | | | |
| By entering blocked intersection | ARR 128 | 40 |
| By travelling unreasonably slowly | ARR 125(1) | 40 |
| By soliciting a lift or sale of goods | TR 34(1), 34(2) | 40 |
| By opening doors or alighting from vehicle | ARR 269(1), 269(3) | 40 |
| 20. Unsafe Loading | | | |
| Allow load to escape or fall from vehicle | ARR 292 | 80 |
| Drive with load insufficiently secured contrary to regulation 24 or 24A | TR 24(1), 24(2), 24A(1) | 60 |
| 21. Overtaking | | | |
| Overtake incorrectly (general) | ARR 93(1), 94, 129, 130(2), 140, 141(1), 142(1), 143(1), 144 | 70 |
| Overtake turning long vehicle when not safe | ARR 143(1), 143(2) | 50 |
| Overtake slowing or stopped vehicle at pedestrian crossing | ARR 82 | 100 |
| Overtake slowing or stopped vehicle at children's crossing | ARR 82 | 120 |
| 22. Warning Signs | | | |
| Fail to display warning signs near disabled heavy vehicle | ARR 227(2) | 50 |
| Fail to display warning signs near fallen load | ARR 227(3) | 50 |
| Fail to carry warning signs on heavy / long vehicle | ARR 226(1) | 30 |
| 23. Driving Carelessly, etc. | | | |
| Drive while using mobile phone (learner or provisional driver) | TR 15A | 603 |
| Drive while using hand held mobile phone | ARR 300 | 603 |
| Drive without due care and cause minor (non-injury) accident | TR 18(1) | 150 |
| Drive in disorderly manner or cause undue noise or
smoke | ARR 297 | 60 |
| Take part in event on road / public place – contrary to regulation 37(1A) | TR 37(1A) | 2203 |
| Drive vehicle causing
smoke – contrary to regulation 37A(1) | TR 37A(1) | 2203 |
| Drive vehicle causing damage to road or public place – contrary to regulation 37B(1) | TR 37B(1) | 2203 |
| 24. Unsafe Carriage of Passengers | | | |
| Drive while passengers in trailer without approval | ARR 298 | 100 |
| Ride in trailer without
approval | TR 7(1)(b) | 100 |
| 25. Unregistered / Uninsured | | | |
| Drive unregistered / uninsured motor vehicle (where vehicle unregistered or uninsured for one month or less and is not a heavy vehicle) | TA 33(1)(a) | 200 |
| Drive unregistered / uninsured motor vehicle (where vehicle unregistered or uninsured for more than one month but less than 12 months and is not a heavy vehicle) | TA 33(1)(a) | 500 |
| Drive unregistered / uninsured box trailer | TA 33(1), 34(1) | 100 |
| 26. General | | | |
| Fail to obey direction of police officer | ARR 304(1) | 80 |
| Leave ignition keys in unattended vehicle | ARR 213(5) | 40 |
| Interfere with traffic control device | TA 12(1)(b) | 60 |
| Fail to remove wheel chocks from road | ARR 293 | 40 |
| Drive on prescribed beach | TR 33 | 40 |
| Drive with expired licence within 2 months of expiry | TA 32(1) | 50 |
| Drive vehicle on footpath | ARR 288(1) | 50 |
| Drive noisy / smoky / unsafe motor vehicle | TR 17, ARR 291 | 60 |
| Carry passenger on motorcycle or side car incorrectly or when not permitted | TR 15(3) | 80 |
| Stop vehicle in no stopping
area | ARR 167 | 50 |
| Park vehicle in a no parking
area | ARR 168(1) | 40 |
| Stop disabled long / heavy vehicle longer than necessary | ARR 200 | 60 |
| Stop vehicle on crest / curve not visible | ARR 193(1) | 60 |
| Fail to produce licence when requested | TR 9(4) | 50 |
| Drive with alcohol in blood contrary to section 19(7) or (8) | TA 19(7), 19(8) | 2003 |
| Drive with alcohol in blood contrary to section 19(6) | TA 19(6)(a), 19(6)(b), 19(6)(c) | 2003 |
| 27. Offences under Motor Vehicles Act | | | |
| Fail to change ownership papers within prescribed
period | MVA 20(1) | 30 |
| Interfere with defect label | MVA 128A(12) | 80 |
- Note for table
ARR* followed by a number is a reference to the rule of that number of the Australian Road Rules.
MVA* followed by a number is a reference to the section of that number of the Motor Vehicles Act.
TA* followed by a number is a reference to the section of that number of the Traffic Act.
TR* followed by a number is a reference to the regulation of that number of the Traffic Regulations."
Bill to be reported with amendments.
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The Assembly resumed; the Speaker took the Chair; the Chairman and Deputy Speaker (Mr Knight) reported that the Assembly had agreed to the Bill with amendments.
The report was adopted.
The Minister for Infrastructure and Transport (Ms Lawrie) moved - That the Bill be now read a third time.
Debate ensued.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
13. ANSWER TO QUESTION:
- The Minister for Child Protection (Ms Scrymgour), by leave, provided an answer to a question referred to her earlier this day relating to sex offender apprehension and conviction rates of Indigenous and Non-indigenous Territorians.
14. MINISTERIAL STATEMENT - NORTHERN TERRITORY INDIGENOUS PLAN OF ACTION - MOTION TO TAKE NOTE OF THE STATEMENT:
- The Order of the Day having been read for the resumption of debate on the question - That the Assembly take note of the Statement -
Debate resumed.
Extension of time: On the motion of the Member for Millner (Mr Bonson) the Member for Daly (Mr Knight) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Extension of time: On the motion of the Member for Goyder (Mr Warren) the Member for Millner (Mr Bonson) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
On the motion of the Member for Katherine (Mrs Miller) debate was adjourned.
- The Minister for Regional Development (Mr Vatskalis) made a statement relating to progress with the Desert Knowledge Australia project in Central Australia and partnership building between indigenous and non-indigenous Australians.
Mr Vatskalis moved - That the Assembly take note of the Statement.
Debate ensued.
On the motion of the Minister for Justice and Attorney-General (Mr Stirling) debate was adjourned.
- The Minister for Justice and Attorney-General (Mr Stirling) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Minister for Employment, Education and Training (Mr Henderson) laid on the Table the following Paper -
Debate continued.
Question - put and passed.
And the Assembly adjourned at 8.35pm until tomorrow at 10am.
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PAPERS:
There were no Papers deemed to have been presented on Wednesday 22 August 2007.
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- ATTENDANCE:
All Members attended the sitting, except Ms McCarthy on leave.
Last updated: 04 Aug 2016