Minutes of Proceedings - 2003-11-25
- 1. MEETING:
- The Assembly met at 10am pursuant to resolution of the Assembly, dated Thursday 16 October 2003. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. VISITORS:
- The Speaker advised Members of the presence in the public galleries of Year 6/7 students from Nakara Primary School accompanied by their teacher Mr Mark Rowan.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
4. PETITIONS:
- The Member for Millner (Mr Bonson) presented a petition from 66 petitioners relating to lowering the age of consent to 16 years for boys to consent to homosexual activity. (Paper 1140)
The Member for Nelson (Mr Wood) presented a petition from 135 petitioners relating to lowering the age of consent to 16 years for boys to consent to homosexual activity. (Paper 1142)
Petition read.
The Member for Nelson (Mr Wood) presented a petition from 1284 petitioners requesting that the Assembly protect the Daly River and its Catchment from large scale irrigated agriculture, land clearing and water extraction licences. (Paper 1141)
Petition read.
Responses to petitions: The Clerk, pursuant to Standing Order 100A, advised - That, a response to petitions No. 37 and No. 38 had been received and circulated to Members (Paper 1138) and the terms of the responses will be included in the Hansard record.
5. LAW REFORM (GENDER, SEXUALITY AND DE FACTO RELATIONSHIPS) BILL 2003 (Serial 186) – MOTION TO REFER BILL TO SELECT COMMITTEE – MOTION NEGATIVED:
- The Member for Macdonnell (Mr Elferink) sought leave to move a motion referring the Law Reform (Gender, Sexuality and De Facto Relationships) Bill 2003 (Serial 186) to a select committee with terms of reference to be authorised by the Assembly by subsequent motion, forthwith.
Leave denied: There being a dissentient voice.
Suspension of Standing Orders: The Member for Macdonnell (Mr Elferink) moved - That so much of Standing Orders be suspended as would prevent him moving that the Law Reform (Gender, Sexuality and De Facto Relationships) Bill 2003 (Serial 186) be referred to a select committee with terms of reference to be authorised by the Assembly by subsequent motion.
Debate ensued.
The Leader of Government Business (Mr Henderson) moved – That the question be now put.
Question – put and passed.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 10 NOES, 14
Mr Baldwin Mrs Aagaard
Mr Burke Mr Ah Kit
Ms Carney Mr Bonson
Ms Carter Dr Burns
Mr Dunham Mr Henderson
Mr Elferink Mr Kiely
Dr Lim Ms Lawrie
Mr Maley Ms Martin
Mr Mills Mr McAdam
Mrs Miller Ms Scrymgour
Mr Stirling
Dr Toyne
Mr Vatskalis
Mr Wood
And so it was resolved in the negative.
Motion negatived accordingly.
6. OPPOSITION SHADOW MINISTERIAL PORTFOLIO RESPONSIBILITIES:
- The Leader of the Opposition (Mr Mills), by leave, advised the Assembly of allocated portfolio responsibilities of the Opposition, previously publicly advised on 19 November 2003 as follows:
- Member for Blain (Mr Mills)
- Leader of the Opposition
Treasurer
Asian Relations and Trade
Railway
Racing, Gaming and Licensing
- Deputy Leader of the Opposition
Chairman, Policy Development Committee
Education, Employment and Training
Transport and Infrastructure
Ethnic Affairs
Central Australia
- Leader of Opposition Business/Whip
Health and Community Services
Senior Territorians
Arts and Museums
- Primary Industry and Fisheries
Environment and Heritage
Parks and Wildlife
- Attorney-General and Justice
Women’s Policy
- Business, Industry and Resource Development
Defence Support
Essential Services
- Police, Fire and Emergency Services
Local Government
Indigenous Affairs
Community Development
Regional Development
Member for Goyder (Mr Maley)
- Lands and Planning
Housing
Sport and Recreation
Member for Katherine (Mrs Miller)
- Tourism
Corporate and Information Services
Communications
Youth
7. COMMITTEE CHANGES – STANDING ORDERS COMMITTEE, HOUSE COMMITTEE AND SUBSTANCE ABUSE COMMITTEE – MOTION AGREED TO:
- The Leader of the Opposition (Mr Mills), by leave, moved – That,
(a) the Member for Drysdale (Mr Dunham) be discharged from service on the House Committee and that the Member for Katherine (Mrs Miller) be appointed in his stead;
(b) the Member for Greatorex (Dr Lim) be discharged from service on the Substance Abuse Committee and that the Member for Goyder (Mr Maley) be appointed in his stead; and
(c) the Member for Macdonnell (Mr Elferink) be appointed to the Standing Orders Committee.
Question – put and passed.
8. WARRANT:
- The Speaker laid on the Table her Warrant nominating a further Deputy Chairman of Committees –
WARRANT
Pursuant to the provisions of Standing Order 12, I nominate Mrs Fay Miller to act as a Deputy Chairman of Committees when requested so to do by the Chairman of Committees.
Given under my hand this 25th day of November , two thousand and three.
Loraine Braham
Speaker (Paper 1139)
9. MINISTERIAL REPORTS:
- GST revenue: The Treasurer (Mr Stirling) reported on the amount of Territory government returns received from the Commonwealth of Australia as GST revenue.
Mr Mills responded thereto.
Mr Stirling responded accordingly.
Communications Technology in remote communities: The Minister for Communications (Dr Toyne) reported on Information Communications Technology industry representatives visits to remote communities to assess solutions and compatibility of local bush infrastructure to facilitate communications business technology uptake.
Dr Lim responded thereto.
Dr Toyne responded accordingly.
Ministerial visit to Japan, 3 to 7 November 2003: The Minister for Business, Industry and Resource Development (Mr Henderson) reported on his recent visit to Japan from 3 to 7 November 2003 to encourage and develop business to invest in the emerging gas industry of the Territory.
Mr Mills responded thereto.
Mr Henderson responded accordingly.
Federal Government Tourism White Paper: The Minister for Tourism (Dr Burns) reported on the Northern Territory government response to the Federal Government White paper on tourism and associated changes to Tourism Australia and their program compatibility with local tourism initiatives.
Mrs Mill responded thereto.
Ministerial Reports noted, pursuant to Sessional Order.
- 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 Lands and Planning (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.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Minister for Primary Industry and Fisheries (Dr Burns) 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 12.01pm and 2pm.––––––––––––––––––
- The following notices were given –
Ms Martin: To present the Electoral Bill 2003 (Serial 195).
Ms Martin: To present the Electoral (Consequential Amendments) Bill 2003 (Serial 196).
Dr Toyne: To present the Statute Law Revision Bill (No. 2) 2003 (Serial 192).
Mrs Aagaard: To present the Food Bill 2003 (Serial 197).
Mrs Aagaard: To present the Health Practitioners Bill 2003 (Serial 201).
Mr Vatskalis: To present the Traffic Amendment Bill (No. 3) 2003 (Serial 200) .
Mr Stirling: To present the Liquor Amendment Bill (No. 4) 2003 (Serial 193).
Mr Henderson: To present the Mining Amendment Bill 2003 (Serial 191).
Mr Henderson: To present the Firearms Amendment Bill (No. 2) 2003 (Serial 194).
Dr Burns: To present the National Environment Protection Council (Northern Territory) Amendment Bill 2003 (Serial 198).
Mr Dunham: To present the Legislative Assembly Members (Random Drug Testing) Bill 2003 (Serial 199).
- The Speaker advised Members of the presence in Speaker’s Gallery of the Fifth Pacific Parliamentary Retreat participants from Fiji, Papua New Guinea, Samoa and the Solomon Islands.
- 2.02pm Mr Mills to Ms Martin.
Paper tabled: The Chief Minister (Ms Martin) laid on the Table the following Paper -
2.07pm Ms Lawrie to Mr Stirling.
2.13pm Mr Mills to Ms Martin.
2.20pm Mr Bonson to Mr Stirling.
2.24pm Mr Mills to Ms Martin.
2.29pm Mr Kiely to Mr Stirling.
2.33pm Mr Wood to Ms Martin.
2.35pm Mr Mills to Ms Martin.
2.38pm Ms Scrymgour to Dr Burns.
2.45pm Mr Mills to Ms Martin.
2.49pm Ms Lawrie to Ms Martin.
2.52pm Mr Mills to Ms Martin.
2.55pm Mr McAdam to Dr Toyne.
2.59pm Mr Wood to Dr Burns.
The Leader of the Opposition (Mr Mills) in moving a motion to censure the Chief Minister (Ms Martin) –
The Leader of Government Business (Mr Henderson) informed the Assembly that the Government accepted the motion as a censure motion, pursuant to Standing Order 95.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question paper.
- The Speaker advised Members permission had been granted for ABC [and Channel 9] to broadcast or re-broadcast with sound and vision the debate on the Law Reform (Gender, Sexuality and Defacto Relationships) Bill 2003 (Serial 186) in accordance with established practice and Sessional Orders.
- The Leader of the Opposition (Mr Mills) thereupon moved – That the Assembly censure the Chief Minister (Ms Martin) for her government’s appalling handling of the economy and in particular –
1. The loss of 5500 jobs this year alone.
2. The shrinking workforce.
3. The declining population.
4. The lack of business confidence.
5. The failure to use the extra revenues flowing from the GST, and the Territory taxes, fees and charges to help the economy. (Paper 1144)
Debate ensued.
Paper tabled: The Treasurer (Mr Stirling) laid on the Table the following Paper –
Debate continued.
The Minister for Justice and Attorney-General (Dr Toyne) moved – That the question be now put.
Question put and passed.
Question – That the motion be agreed to put – put and negatived.
- The Leader of Government Business (Mr Henderson) moved – That Government Business, Orders of the Day, relating to consideration of the Law Reform (Gender, Sexuality and De facto Relationships) Bill 2003 (Serial 186) be called on forthwith.
Question – put and passed.
18. LAW REFORM (GENDER, SEXUALITY AND DE FACTO RELATIONSHIPS) BILL 2003 (Serial 186):
- 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.
Paper tabled: The Member for Araluen (Ms Carney), by leave, laid on the Table the following Paper –
Debate continued.
Extension of time: The Member for Drysdale (Mr Dunham) moved – That the Member for Nelson (Mr Wood) have leave to complete his speech.
Leave denied – There being a dissentient voice.
Debate continued.
Paper tabled: The Member for Port Darwin (Ms Carter), by leave, laid on the Table the following Paper –
Debate continued.
Question – put and passed.
Bill read a second time.
The Member for Nelson (Mr Wood) moved – That pursuant to Standing Order 183, the Law Reform (Gender, Sexuality and De facto Relationships) Bill 2003 (Serial 186) be referred to a select committee with terms of reference to be authorised by the Assembly by subsequent motion.
The Leader of Government Business (Mr Henderson) moved – That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 14 NOES, 10
Mrs Aagaard Mr Baldwin
Mr Ah Kit Mr Burke
Mr Bonson Ms Carter
Dr Burns Mr Dunham
Ms Carney Mr Elferink
Mr Henderson Dr Lim
Mr Kiely Mr Maley
Ms Lawrie Mr Mills
Ms Martin Mrs Miller
Mr McAdam Mr Wood
Ms Scrymgour
Mr Stirling
Dr Toyne
Mr Vatskalis
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 10 NOES, 14
Mr Baldwin Mrs Aagaard
Mr Burke Mr Ah Kit
Ms Carter Mr Bonson
Mr Dunham Dr Burns
Mr Elferink Ms Carney
Dr Lim Mr Henderson
Mr Maley Mr Kiely
Mr Mills Ms Lawrie
Mrs Miller Ms Martin
Mr Wood Mr McAdam
Ms Scrymgour
Mr Stirling
Dr Toyne
Mr Vatskalis
Motion to refer Bill to a select committee negatived accordingly.
The Assembly resolved itself into a Committee of the Whole for consideration of the Bill.
––––––––––––––––
In Committee
Deputy Chairman (Ms D Lawrie)
In Committee
Deputy Chairman (Ms D Lawrie)
PART 4, AMENDMENTS RELATING TO DEFACTO RELATIONSHIPS
DIVISIONS 1
The Committee, by leave, proceeded to consider clauses 27 to 37 of Division 1.
Clause 27 read and agreed to.
Clauses 28 and 29, by leave, taken together and read.
Mr Wood , by leave, moved the following amendments to clause 28 –
Omit paragraph (d); and
Insert at the end of paragraph (g) -
- “(3) In this Act –
- (a) a reference to a de facto partner of a person includes a reference to a person who is declared to under section 11A to be the person's domestic co-dependent; and
(b) a reference to a de facto relationship includes a reference to the relationship between 2 persons who are declared under section 11A to be domestic co-dependents.”.
Insert after clause 28 the following new clause 29 –
29. New section
The Principal Act is amended by inserting after section 11 the following:
"11A. Declaration that persons are domestic co-dependents
"(1) The Local Court may declare that, on a date specified in the declaration, 2 persons were the domestic co-dependents of one another.
"(2) The Court may make the declaration if satisfied of the following:
- (a) on a particular date, the persons were co-habiting with each other in a relationship of dependence;
(b) the persons –
- (i) had so co-habited with each other continuously for the 5-year period immediately preceding that date; or
- (ii) had, during the 6-year period immediately preceding that date, so co-habited with each other for periods aggregating not less than 5 years.
- (a) the persons care for, or contribute to the maintenance of, each other; or
(b) one person cares for, or contributes to the maintenance of, the other person.
- (a) the persons are different sexes or the same sex;
(b) the persons are related by blood or marriage or are not so related;
(c) either of the persons is in a relationship of dependence with another person.
"(6) While a declaration under subsection (1) is in force, the persons named in the declaration are presumed conclusively for all purposes to have been domestic co-dependents on the date specified in the declaration.".
Debate ensued.
Amendments negatived.
Debate ensued.
Question - That the motion be agreed to - put.
The Assembly divided (the Deputy Chairman, Ms Lawrie, in the Chair) -
AYES, 15 NOES, 9
Mrs Aagaard Mr Baldwin
Mr Ah Kit Mr Burke
Mr Bonson Mr Dunham
Dr Burns Mr Elferink
Ms Carney Dr Lim
Ms Carter Mr Maley
Mr Henderson Mrs Miller
Mr Kiely Mr Mills
Ms Lawrie Mr Wood
Ms Martin
Mr McAdam
Ms Scrymgour
Mr Stirling
Dr Toyne
Mr Vatskalis
And so it was resolved in the affirmative.
Clauses 28 and 29, as printed, agreed to.
Clauses 30 to 33, by leave, taken together and agreed to.
Division 2 – Amendments of Interpretation Act.
Clauses 34 and 35, by leave, taken together and agreed to.
Clause 36 read.
Debate ensued.
Mr Wood withdrew the scheduled amendment No. 61.6 standing in his name –
Clause 36, as printed, agreed to.
Clause 37, as printed, agreed to.
Ordered that the Committee consider the Bill in seriatim, commencing with clause 1.
Clauses 1 and 2, by leave, taken together and agreed to.
PART 2 – AMENDMENTS RELATING TO GENDER
Clauses 3 and 4, by leave, taken together and agreed to, after debate.
Clauses, 5 to 10, by leave, taken together.
The Member for Macdonnell (Mr Elferink), by leave, spoke to Schedule 66, amendments Nos. 66.1 to 66.17 circulated in his name.
Debate ensued.
The Member for Macdonnell (Mr Elferink) moved – That the question be now put-question put and negatived.
Debate resumed.
Question – That the amendments standing in the name of Mr Elferink Nos. 61.1 to 61.17 be agreed to - put.
The Assembly divided (the Deputy Chairman, Ms Lawrie, in the Chair) -
AYES, 10 NOES, 14
Mr Baldwin Mrs Aagaard
Mr Burke Mr Ah Kit
Ms Carter Mr Bonson
Mr Dunham Dr Burns
Mr Elferink Ms Carney
Dr Lim Mr Henderson
Mr Maley Mr Kiely
Mrs Miller Ms Lawrie
Mr Mills Ms Martin
Mr Wood Mr McAdam
Ms Scrymgour
Mr Stirling
Dr Toyne
Mr Vatskalis
Amendments negatived accordingly.
Ms Carter withdrew amendment No. 63.1 standing in her name.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to, after debate –
In clause 5, omit from proposed section 128(1) “Any person” and insert in its stead “Any adult”.
Mr Wood withdrew amendments Nos.61.1 and 61.2 standing in his name.
On the motion Dr Toyne the following amendment to clause 5, was agreed to, after debate –
Omit from proposed section 128(3)(c) the whole paragraph and insert in its stead –
- “(c) has established a personal relationship with the victim in connection with the care, instruction (for example, religious, sporting or musical instruction) or supervision (for example, supervision in the course of employment or training) of the victim;”.
On the motion of Dr Toyne the following amendment 59.3 to clause 8 was agreed to, after debate -
Omit paragraph (b) and insert in its stead ‘(b) by omitting from subsection (2) "an unlawful relationship" and substituting "a relationship"’.
Ms Carter moved the following amendment 63.2 -
Insert in clause 5, after proposed section 128 –
“129. Sexual intercourse or gross indecency involving child over 16 years
- (1) A person who –
- (a) has sexual intercourse with or commits any act of gross indecency upon a child who is of or over the age of 16 years; and
(b) is more than 4 years older than the child,
- is guilty of a crime and is liable to imprisonment for 2 years.
- (2) It is a defence to a charge of a crime defined by subsection (1) to prove the accused person believed on reasonable grounds that the child was an adult.
- (3) It is a defence to a charge of a crime defined by subsection (1) to prove the accused person was the husband, wife or de facto partner of the child.”.
Debate ensued.
And the Assembly having sat until 12 midnight –
Debate continued.
Question - That the amendment be agreed to - put.
The Assembly divided (the Deputy Chairman, Ms Lawrie, in the Chair) -
AYES, 9 NOES, 14
Mr Baldwin Mrs Aagaard
Ms Carter Mr Ah Kit
Mr Dunham Mr Bonson
Mr Elferink Dr Burns
Dr Lim Ms Carney
Mr Maley Mr Henderson
Mrs Miller Mr Kiely
Mr Mills Ms Lawrie
Mr Wood Ms Martin
Mr McAdam
Ms Scrymgour
Mr Stirling
Dr Toyne
Mr Vatskalis
Amendment negatived accordingly.
Clauses 5 to 10, as amended, agreed to.
–––––––––––––––
Suspension of sitting: The sittings of the Assembly was suspended between 00.40am and 00.48am.–––––––––––––––
The Committee of the Whole resumed consideration of the Bill.Mr Wood, by leave, made a statement relating to Clause 10.
Clauses 11 to 18, by leave, taken together and agreed to.
PART 3 – AMENDMENTS RELATING TO SEXUALITY
Clauses 19 and 20, by leave, taken together and agreed to.
New Clause 20A -
On the motion of Dr Toyne the following amendment was agreed to, after debate –
Insert after clause 20 -
- 20A. Repeal and substitution
Section 30 of the Principal Act is repealed and the following substituted:
"30. Exemptions
"(1) An educational authority that operates, or proposes to operate, an educational institution wholly or mainly for students of a particular sex may exclude applicants who are not of that sex.
"(2) An educational authority that operates, or proposes to operate, an educational institution in accordance with the doctrine of a particular religion may exclude applicants who are not of that religion.
"(3) An educational authority that operates, or proposes to operate, an educational institution wholly or mainly for students who have a general or specific impairment may exclude applicants who do not have that impairment.".
Clause 21 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate –
Omit from proposed section 37A “wholly or mainly for students” and insert in their stead “in accordance with the doctrine”.
Clause 21, as amended, agreed to.
New Clause 21A.
On the motion of Dr Toyne the following new clause was inserted in the Bill, after debate –
Insert after clause 21 –
- 21A. Exemptions
Section 40 of the Principal Act is amended by omitting subsection (2) and substituting the following:
"(2) An educational authority that operates, or proposes to operate, an educational institution wholly or mainly for students of a particular sex may provide accommodation wholly or mainly for students of that sex.
"(2A) An educational authority that operates, or proposes to operate, an educational institution in accordance with the doctrine of a particular religion may provide accommodation wholly or mainly for students of that religion.
"(2B) An educational authority that operates, or proposes to operate, an educational institution wholly or mainly for students who have a general or specific impairment may provide accommodation wholly or mainly for students with that impairment.".
Clauses 22 to 26, by leave, taken together and agreed to, after debate.
PART 4 – AMENDMENTS RELATING TO DEFACTO RELATIONSHIPS
Clauses 38 to 87, by leave, taken together and agreed to, after debate.
Schedule 1 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate –
After Part 6 insert -
Part 6A – Births, Deaths and Marriages Registration Act |
| Section 19(1)(a)father and motherparents |
Schedule 2 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate –
Omit Part 9 and insert in its stead –
Part 9 – Births, Deaths and Marriages Registration Regulations |
| Regulation 3(f), (g), (h) and (j)the whole paragraph(f) the full name, maiden family name (if applicable), occupation and usual place of residence of each of the child's parents;
(g) the date of birth (or age) and place of birth of each of the child's parents; |
| Regulation 3(n) | , the mother or father | or a parent |
| Regulation 4B(d) | the spouse or a former spouse | a spouse or de facto partner or a former spouse or de facto partner |
| Regulation 7(h) | bona fide domestic
partner | de facto
de facto partner |
| Regulation 7(k) and (m) | the whole paragraph | (k) the full name, maiden family name (if applicable) and occupation of each of the deceased's parents; |
| Regulation 8(c) and (d) | the whole paragraph | (c) the full name of each of the child's parents (if known); |
| Regulation 10(k) | bona fide domestic
partner | de facto
de facto partner |
| Regulation 10(n) and (p) | the whole paragraph | (n) the full name, maiden family name (if applicable) and occupation of each of the deceased's parents; |
| Regulation 12(h) | bona fide domestic
partner | de facto
de facto partner |
| Regulation 12(k) and (m) | the whole paragraph | (k) the full name, maiden family name (if applicable) and occupation of each of the deceased's parents; |
| Regulation 13(a) | name of father and maiden name of mother | and name and maiden name (if applicable) of each parent |
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Part 21, item relating to regulation 2(3), omit the whole item and insert in its stead –
| Regulation 2(3) | the spouse
(all references) | a spouse or de facto partner |
After part 46 insert –
Part 47 – Yugul Mangi Community Government Scheme |
| Clause 52(2)the spousea spouse or de facto partner |
Schedule 2, 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 (Mrs Braham) resumed the Chair, the Deputy Chairman (Ms Lawrie) reported accordingly and the report was adopted.The Minister for Justice and Attorney-General (Dr Toyne) moved – That the Bill be now read a third time.
Debate ensued.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 15 NOES, 9
Mrs Aagaard Mr Baldwin
Mr Ah Kit Mr Burke
Mr Bonson Mr Dunham
Dr Burns Mr Elferink
Ms Carney Dr Lim
Ms Carter Mr Maley
Mr Henderson Mrs Miller
Mr Kiely Mr Mills
Ms Lawrie Mr Wood
Ms Martin
Mr McAdam
Ms Scrymgour
Mr Stirling
Dr Toyne
Mr Vatskalis
And so it was resolved in the affirmative.
The Bill was read a third time and passed to be a proposed law.
19. ORDER OF BUSINESS:
- The Leader of Government Business (Mr Henderson) moved – That Government Business, Orders of the Day No.5 relating to the De facto Relationships (Northern Territory Request) Bill 2003 (Serial 182) be called on forthwith.
Question – put and passed.
20. DE FACTO RELATIONSHIPS (NORTHERN TERRITORY REQUEST) BILL 2003 (Serial 182):
- 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 Wood)
In Committee
(Chairman – Mr Wood)
Clause 1 read.
The Member for Drysdale (Mr Dunham) moved the following amendment –
After “relationships”, insert “and Aboriginal land”.
Debate ensued.
Amendment negatived.
Clause 1, as printed, agreed to.
Clause 2 agreed to.
Clause 3 read.
The Member for Drysdale (Mr Dunham) moved the following amendment –
Insert in subsection 1, in alphabetical order – ‘"ALRA" means the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth;’.
Debate ensued.
Amendment negatived.
Clause 3, as printed, agreed to.
Clause 4 read.
The Member for Drysdale (Mr Dunham) moved the following amendment –
Insert after subsection (2) the following –
- “(3) The Legislative Assembly requests the Parliament of the Commonwealth to enact an Act in respect of removing the discrimination arising from the application of ALRA only in relation to Aboriginals who live in the Northern Territory.”.
Debate ensued.
Amendment negatived.
Clause 4, as printed, agreed to.
Long Title read.
The Member for Drysdale (Mr Dunham) moved the following amendment -
Insert after “relationships” the words “and in respect of discrimination in relation to Aboriginal land”.
Amendment negatived.
Long Title, as printed, agreed to.
Bill to be reported without amendment.
––––––––––––––––
The Assembly resumed, the Speaker (Mrs Braham) resumed the Chair, the Chairman (Mr Wood) reported accordingly 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.
- The Leader of Government Business (Mr Henderson) moved – That the Assembly do now adjourn.
Question – put and passed.
And the Assembly adjourned at 2.48am, Wednesday 26 November 2003, until 10am this day.
–––––––––––––––––
- PAPERS:
The following Papers were deemed to have been presented on Tuesday 25 November 2003 –
Annual Reports:
Community Development, Sport and Cultural Affairs, 2002/2003 (Paper 1136)
National Road Transport Commission (Final Report) 2002/2003 (Paper 1127)
Northern Territory Electrical Workers and Contractors Licensing Board, 2002/2003 (Paper 1126)
Northern Territory Grants Commission, 2002/2003 (Paper 1137)
Power and Water Corporation, 2002/2003 (Paper 1135)
Rail Regulation, 2002/2003 (Paper 1134)
By-Laws 2003:
Northern Territory University (Academic Board) By-Laws (Paper 1129)
Financial Statement:
Auditor-Generals Report to the Minister for Transport and Infrastructure – Darwin Port Corporation, for the year ended 30 June 2003 (Paper 1130)
Auditor-Generals Report to the Minister for Transport and Infrastructure – Darwin Bus Service, for the year ended 30 June 2003 (Paper 1131)
Auditor-Generals Report to the Minister for Parks and Wildlife – Territory Wildlife Parks, for the year ended 30 June 2003 (Paper 1132)
Auditor-Generals Report to the Minister for Transport and Infrastructure – Construction Division, for the year ended 30 June 2003 (Paper 1133)
Regulations 2003:
No. 52, Amendments of Local Government (Accounting) Regulations (Paper 1128)
–––––––––––––––––
- ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016