Minutes of Proceedings - 2004-11-30
1. MEETING:
2. PRAYERS.
3. VISITORS:
St John’s College GAP students accompanied by Ms Geradine O’Neil.
Aboriginal Areas Protection Authority, 2003/2004 (Paper 1548)
Community Visitor Program Northern Territory, 2003/2004 (Paper 1549)
Northern Territory Treasury Corporation, 2003/2004 (Paper 1547)
Road Safety Council of the Northern Territory, 2003/2004 (Paper 1545)
Tarcoola – Darwin Rail Regulation, 2003/2004 (Paper 1550)
Work Health Advisory Council, 2003/2004 (Paper 1544)
Coroners Act
Lands Acquisition Act
Police Administration Act
Regulations 2004
No. 34, Amendments of Fisheries Regulations (Paper 1539)
No. 35, Misuse of Drugs Amendment Regulations (Paper 1540)
No. 38, Rules of the National Trust of Australia (Northern Territory) Act (Paper 1541)
- The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 14 October 2004. 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 Kormilda College Year 8 students accompanied by Ms Jacelyn Roxburgh.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
- The Speaker advised Members of the death, on 25 November 2004, of the Honourable Justice Steven Bailey, former Justice of the Supreme Court in Darwin.
The Chief Minister (Ms Martin), by leave, moved – That this Assembly express its deep regret at the death of the Honourable Justice Steven Bailey, a former Director of the Executive and Policy Division of the Northern Territory Department of Law until 1985 and from 1997 as a Justice of the Supreme Court of the Northern Territory and place on record its appreciation of his long and distinguished service to the people of the Northern Territory and tender its profound sympathy to his family.
The Chief Minister (Ms Martin) thereupon addressed the Assembly.
Debate ensued.
Question – put and passed.
Motion agreed to.
As a mark of respect Members stood in their places for one minute, in silence.
- The Member for Brennan (Mr Burke) moved – That the Member for Blain (Mr Mills) be discharged from service on the Legal and Constitutional Affairs Committee, and the Member for Goyder (Mr Maley) be appointed in his stead.
Question – put and passed.
- The Member for Araluen (Ms Carney) presented petition No. 67 from 427 petitioners relating to the provision of a pedestrian crossing on Larapinta Drive for the safety of school children. (Paper 1536)
Petition read.
The Member for Braitling (Mrs Braham), by leave, presented petition No. 66, not conforming with Standing Orders, from 1144 petitioners relating to midwifery services in the Northern Territory and private maternity services. (Paper 1537)
Petition read.
- China Delegation Visit, 24 to 31 October 2004: The Minister for Asian Relations and Trade (Mr Henderson) reported on a Northern Territory government delegation visit to China to foster trade, business opportunities and skilled migration to the Territory.
Mr Burke responded thereto.
Mr Henderson responded accordingly.
Alice Springs Public Housing: The Minister for Housing (Mr Ah Kit) reported on the commencement of nightly security patrol to ameliorate noise and social dislocation behaviour in some public housing areas in Alice Springs.
Mr Elferink responded thereto.
Mr Ah Kit responded accordingly.
Mt Todd Safety, Cyanide Storage: The Minister for Mines and Energy (Mr Vatskalis) reported on the storage of cyanide at the Mt Todd Mine and associated safety issues.
Ms Miller responded thereto.
Mr Vatskalis responded accordingly.
Breast Screening Services: The Minister for Health (Dr Toyne) reported on Northern Territory breast screening services.
Paper tabled: The Minister for Helat5h (Dr Toyne) laid on the Table the following Paper –
Ms Carney responded thereto.
Dr Toyne responded accordingly.
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 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 Chief Minister (Ms Martin) 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 Bills be now read second time -
Debate resumed.
Question – put and passed.
Bills read a second time.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Chief Minister (Ms Martin) the Bills were read a third time and passed to be proposed laws.
- The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read 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 Treasurer (Mr Stirling) 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 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.
Debate suspended.
__________
Suspension of sittings: The sittings of the Assembly was suspended between 11.49am and 2pm.__________
Visitors: The Speaker advised members of the presence in the Speaker’s Gallery of –
St John’s College GAP students accompanied by Ms Geradine O’Neil.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
- The following notices were given:
Mr Stirling: To present the Taxation (Administration) Amendment (Objections and Appeals) Bill 2004 (Serial 263).
Dr Toyne: To present the Australian Crime Commission (Northern Territory) Bill 2004 (Serial 265).
Dr Toyne: To present the Australian Crime Commission (Consequential Amendments) Bill 2004 (Serial 266).
Dr Toyne: To move – That so much of the Standing Orders be suspended as would prevent Bills entitled - Australian Crime Commission (Northern Territory) Bill 2004 (Serial 265); and Australian Crime Commission (Consequential Amendments) Bill 2004 (Serial 266) -
- (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.
Dr Toyne: To present the Lake Bennett (Land Title) Bill 2004 (Serial 267).
Dr Burns: To present the Darwin Port Corporation Amendment Bill 2004 (Serial 264).
Dr Burns: To present the Marine Amendment Bill 2004 (Serial 269).
Mr Wood: To move – That the Northern Territory Government honour its election promise to establish an oncology and radiotherapy facility at Royal Darwin Hospital to serve the people of the Northern Territory, Northern Australia and neighbouring countries so that they can have access to these facilities without having to travel long distances interstate to receive treatment.
- 2.03pm Mr Mills to Ms Martin.
2.11pm Mr McAdam to Ms Martin.
2.14pm Mr Mills to Ms Martin.
2.19pm Ms Lawrie to Ms Martin.
2.22pm Mr Wood to Dr Toyne.
2.25pm Mr Mills to Ms Martin.
2.29pm Mrs Aagaard to Mr Henderson.
2.33pm Mr Mills to Ms Martin.
2.37pm Mr Wood to Dr Burns.
2.40pm Mr Bonson to Dr Toyne.
2.43pm Mr Mills to Ms Martin.
2.44pm Mr Kiely to Mr Stirling.
2.46pm Mr Mills to Ms Martin.
2.48pm Mrs Aagaard to Mr Stirling.
2.51pm Mr Mills to Ms Martin.
2.56pm Mr Wood to Ms Martin. (3pm)
Paper tabled: The Chief Minister (Ms Martin) laid on the Table the following Paper, requested earlier this day during Questions -
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, 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 - Mr Wood)
In Committee
(Chairman - Mr Wood)
Clauses 1 to 8, by leave, taken together and agreed to.
Clause 9 read.
On the motion of the Minister for Lands and Planning (Dr Burns) the following amendment was agreed to, after debate –
In proposed subsection (2) omit “carried” and insert in its stead “carried out”.
Clause 9, as amended, agreed to.
Clauses 10 and 11, by leave, taken together and agreed to.
Clause 12 read.
On the motion of Dr Burns the following amendment was agreed to, after debate -
Insert after proposed section 24F -
"24FA. Practitioners Board may rely on certain reports and information
"For the purpose of satisfying itself of a matter referred to in section 24(1), (2) or (3), 24B(1) or (2), 24C(2) or (3) or 24F(1), (2), (3) or (4), the Practitioners Board may rely on a report or other information provided by a prescribed person or body.
Clause 13 agreed to.
Clause 14 read.
On the motion of Dr Burns the following amendment was agreed to, after debate -
Omit proposed section 25A(1)(a) and (b) and insert in its stead –
- “(a) a nominee of the corporation ceases to act for the corporation or his or her registration as a building contractor is cancelled or suspended or is not renewed;
(b) a director of the corporation registered in the category of building contractor ceases to be a director or his or her registration is cancelled or suspended or is not renewed; or
(c) a nominee referred to in paragraph (a) or a director referred to in paragraph (b) ceases to reside in the Territory.”.
On the motion of Dr Burns the following further amendment was agreed to, after debate -
Omit proposed section 25A(2)(a) and (b) and insert in its stead –
- “(a) the nominee of the corporation, or each such nominee, ceases to act for the corporation or his or her registration as a building contractor is cancelled or suspended or is not renewed;
(b) the director of the corporation registered in the category of building contractor, or each such director, ceases to be a director or his or her registration is cancelled or suspended or is not renewed; or
(c) the nominee referred to in paragraph (a) or the director referred to in paragraph (b), or each such nominee or director, ceases to reside in the Territory,”.
Clause 14, as amended, agreed to.
Clause 15 agreed to.
New clause 15A.
On the motion of Dr Burns the following new Clause 15A was inserted in the Bill –
- “15A. Repeal and substitution of section 40
Section 40 of the Principal Act is repealed and the following substituted:
‘40. Building certifier or Director may rely on certificate
‘A building certifier or the Director may, in performing a function under this Act, rely on –
- (a) a certificate by a building practitioner that building work complies with this Act or the Regulations; or
(b) an inspection certificate issued by another building certifier or the Director under section 63.’.”
On the motion of Dr Burns the following amendment was agreed to, after debate -
Omit proposed section 48C(2).
On the motion of Dr Burns the following further amendment was agreed to, after debate -
Omit proposed section 48G(2).
On the motion of Dr Burns the following further amendment was agreed to, after debate -
Omit from proposed section 48K(2)(a) “carried” and insert in its stead “carried out”.
Clause 16, as amended, agreed to.
Clause 17 agreed to.
Clause 18 read.
On the motion of Dr Burns the following amendment was agreed to, after debate -
Insert in proposed section 59(1B), after “contractor” the words “or the owner-builder”.
Clause 18, as amended, agreed to.
Clauses 19 and 20, by leave, taken together and agreed to.
Clause 21 read.
On the motion of Dr Burns the following amendment was agreed to, after debate -
Omit from paragraph (a) “to carry out or be” and insert in its stead “carrying out or is”.
Clause 21, as amended, agreed to.
Clause 22 read.
On the motion of Dr Burns the following amendment was agreed to, after debate -
Omit from proposed subsection (5) “this section” and insert in its stead -
- “this section and on being satisfied that the building work has, in all material respects, been carried out in accordance with the Regulations”.
Clause 23 agreed to.
Clause 24 read.
On the motion of Dr Burns the following amendment was agreed to, after debate -
Insert at the end of paragraph (b) –
- "(3) A person who makes a declaration for subsection (1) must not make a false statement in the declaration.
Penalty for an offence against subsection (3): $10 000.".
Clause 25 agreed to.
New Clause 25A.
On the motion of Dr Burns the following New Clause 25A was inserted in the Bill -
- 25A. Building suitable for occupation
Section 70 of the Principal Act is amended by inserting "and complies in all material respects with the Regulations" after "occupation".
On the motion of Dr Burns the following amendment was agreed to, after debate -
Omit “amended by inserting after paragraph (a) the following:” and insert in its stead –
- amended –
(a) by omitting from paragraph (a) "it applies; and" and substituting "it applies;";
(b) by inserting after paragraph (a) the following:
Omit from proposed paragraph (ab) “the owner-builder” and insert in its stead “the owner-builder; and”.
Clause 26, as amended, agreed to.
Clause 28 read.
On the motion of Dr Burns the following amendment was agreed to, after debate -
Insert at the end of proposed section 130A(2) “and lodged with the Appeals Board”.
Clause 28, as amended, agreed to.
Clauses 29 and 30, by leave, taken together and agreed to.
Clause 31 read.
On the motion of Dr Burns the following amendment was agreed to, after debate -
Insert in proposed section 177, after “section 61” “as in force immediately before that commencement”.
On the motion of Dr Burns the following further amendment was agreed to, after debate -
Omit proposed section 178(2) and insert in its stead -
- "(2) Until Part 4C commences, a reference in section 59(1B) to that Part must be read as a reference to section 61.”.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
_______________
The Assembly resumed; the Acting Deputy Speaker (Mr Bonson) resumed the Chair; the Chairman (Mr Wood) reported the Bill with amendments.And the Report was adopted.
The Minister for Lands and Planning (Dr Burns) 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.
- 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 (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 Assembly take note of the Report –
Debate resumed.
Extension of time: On the motion of the Member for Port Darwin (Ms Carter) the Member for Brennan (Mr Burke) was granted an extension of time.
Debate continued.
Question – put and passed.
- The Speaker presented the Auditor-General’s Report to the Legislative Assembly – Examination of Contracts Awarded by Government Agencies to Metis Consulting Pty Limited, November 2004 (Paper 1554).
The Treasurer (Mr Stirling) moved – That the Report be printed.
Question – put and passed.
The Treasurer (Mr Stirling) moved – That the Assembly take note of the Report and that leave be granted to continue his remarks at a later hour.
Leave granted - debate adjourned.
- The Minister for Community Development (Mr Ah Kit) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 8.42pm, until tomorrow at 10 am.
–––––––––––––––––
- PAPERS:
The following Papers were deemed to have been presented on Tuesday 30 November 2004 –
Aboriginal Areas Protection Authority, 2003/2004 (Paper 1548)
Community Visitor Program Northern Territory, 2003/2004 (Paper 1549)
- Health and Community Services Complaints Commission, 2003/2004 (Paper 1546)
Northern Territory Treasury Corporation, 2003/2004 (Paper 1547)
Road Safety Council of the Northern Territory, 2003/2004 (Paper 1545)
Tarcoola – Darwin Rail Regulation, 2003/2004 (Paper 1550)
Work Health Advisory Council, 2003/2004 (Paper 1544)
Coroners Act
- In the matter of Coronial Findings and recommendations into the Death of Mr John Henry Colbert, pursuant to section 46B, dated 4 October 2004 (Paper 1542)
Lands Acquisition Act
- Labelle Downs Statement of reasons for acquisition, Section 43(1)(b), dated 18th November 2004, Dr Burns, Minister for Lands and Planning (Paper 1535)
Police Administration Act
- Consent Agreement between Hon. Sys Stirling, Minister for Employment, Education and Training and Mr Vincent Michael Kelly, President, Northern Territory Police Association Inc., Re: Career Path for Members in the Forensic Services, dated 22 October 2004 (Paper 1543)
Consent Agreement between Hon. Sys Stirling, Minister for Employment, Education and Training and Mr Vincent Michael Kelly, President, Northern Territory Police Association Inc Re - Salary Sacrifice Package, dated 22 October 2004 (Paper 1552)
Regulations 2004
No. 34, Amendments of Fisheries Regulations (Paper 1539)
No. 35, Misuse of Drugs Amendment Regulations (Paper 1540)
No. 38, Rules of the National Trust of Australia (Northern Territory) Act (Paper 1541)
–––––––––––––––––
- ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016