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Department of the Legislative Assembly, Northern Territory Government

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Minutes of Proceedings - 2005-02-09

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

2. PRAYERS.

3. PETITIONS:
      The Member for Goyder (Mr Maley) presented a petition, not conforming with Standing Orders, from 30 petitioners relating to noise nuisance emanating from Bees Creek Kennels, Horne Road. (Paper 1596)
      Petition read.

      The Member for Braitling (Mrs Braham) presented a petition from 54 petitioners relating to remuneration of student nurses in the Northern Territory. (Paper 1597)
      Petition read.

4. MINISTERIAL REPORTS:
      AustralAsia Railway - First Year of operation: The Chief Minister (Ms Martin) reported on the first year operation of the AustralAsia Railway, business development, freight tonnage levels and freight growth projections for future years.
      Mr Burke responded thereto.
      Ms Martin responded accordingly.

      Northern Territory Hospital accreditation: The Minister for Health (Dr Toyne) reported on the Territory hospitals' compliance with national accreditation standards.
      Ms Carney responded thereto.
      Dr Toyne responded accordingly.
      ______________
      Visitors: The Speaker advised Members of the presence in the public gallery of Northern Territory Construction Unions representatives. On behalf of all Members the Speaker extended a warm welcome to the visitors.
      ______________

      Geology cadetships, Department of Mines and Energy: The Minister for Mines and Energy (Mr Vatskalis) reported on the development of geology cadetships for Territory industry.
      Mrs Miller responded thereto.
      Mr Vatskalis responded accordingly.

      Youth Grants, funding: The Minister assisting the Chief Minister on Young Territorians, Women's Policy and Senior Territorians (Ms Scrymgour) reported on Youth Grant initiatives and funding allocations for youth programs.
      Mr Mills responded thereto.
      Ms Scrymgour responded accordingly.

      Ministerial Reports noted, pursuant to Sessional Order.

5. PARKS AND RESERVES (FRAMEWORK FOR THE FUTURE) (REVIVAL) BILL 2005 (Serial 278):
      Suspension of Standing Orders - Pass Bill through all stages: The Chief Minister (Ms Martin) moved - That so much of Standing Orders be suspended as would prevent the Parks and Reserves (Framework for the Future) (Revival) Bill 2005 (Serial 278) passing through all stages at this sittings.
      Debate ensued.
      The Chief Minister (Ms Martin) moved - That the Question be now put.
      Question - put.
      The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

      AYES, 13 NOES, 11

      Mrs Aagaard Mr Baldwin
      Mr Ah Kit Mr Burke
      Mr Bonson Ms Carney
      Dr Burns Ms Carter
      Mr Henderson Mr Dunham
      Mr Kiely Mr Elferink
      Ms Lawrie Dr Lim
      Ms Martin Mr Maley
      Mr McAdam Mrs Miller
      Ms Scrymgour Mr Mills
      Mr Stirling Mr Wood
      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, 13 NOES, 11

      Mrs Aagaard Mr Baldwin
      Mr Ah Kit Mr Burke
      Mr Bonson Ms Carney
      Dr Burns Ms Carter
      Mr Henderson Mr Dunham
      Mr Kiely Mr Elferink
      Ms Lawrie Dr Lim
      Ms Martin Mr Maley
      Mr McAdam Mrs Miller
      Ms Scrymgour Mr Mills
      Mr Stirling Mr Wood
      Dr Toyne
      Mr Vatskalis

      And so it was resolved in the affirmative.
      Question - put and passed.
      Ms Martin, pursuant to notice, presented a Bill for an Act to revive and amend the Parks and Reserves (Framework for the Future) Act.
      Bill read a first time.
      Ms Martin moved - That the Bill be now read a second time.
      Debate ensued.
      On the motion of the Leader of the Opposition (Mr Burke) debate was adjourned.

6. HOUSING AMENDMENT BILL 2005 (Serial 277):
      The Minister for Housing (Mr Ah Kit), pursuant to notice, presented a Bill for an Act to amend the Housing Act and Stamp Duty Act and to repeal the Home Purchase Assistance Scheme Regulations, Housing Assistance Schemes Regulations, Housing (Government Employees) Sales Scheme Regulations and Northern Territory Interest Subsidy Scheme Regulations.
      Bill read a first time.
      Mr Ah Kit moved - That the Bill be now read a second time.
      Debate ensued.
      On the motion of the Member for Macdonnell (Mr Elferink) debate was adjourned.
7. CONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND BENEFITS BILL 2004 (Serial 272):
      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.
      _____________
      Suspension of sittings: The sittings of the Assembly was suspended between 12.15pm and 2.15pm.
      _____________
8. NOTICES:
      The following notices were given -
      Mrs Braham: To present the Residential Tenancies Amendment (Termination for Unacceptable Conduct) Bill 2005 (Serial 280).

      Dr Toyne: To present the Legal Practitioners Amendment Bill 2005 (Serial 279).
9. QUESTIONS:
      2.15pm Mr Burke to Ms Martin.
      2.17pm Mrs Aagaard to Dr Burns.
      Papers tabled: The Minister for Transport and Infrastructure (Dr Burns) laid on the Table the following Papers -
Capital Budgets, Revote/Cash (Budget) graph, comparison for years 1998/99 to 2004/05 (Paper 1654); and
Contracts Awarded for various Departments, Northern Territory Gazettes for 2004 and 2005 (Paper 1594).

      2.21pm Mr Burke to Ms Martin.
      2.25pm Mrs Lawrie to Mr Henderson.
      2.29pm Mr Burke to Ms Martin.
      2.34pm Mr Bonson to Mr Stirling.
      2.36pm Mr Wood to Dr Burns.
      Paper tabled: The Minister for Lands and Planning (Dr Burns) laid on the Table the following Paper -
Exemption of Obstruction or Interference with Waterway from Application of section 15 of Water Act,
dated 16th June 1992 (Paper 1595).

      2.39pm Mr Burke to Ms Martin.
      2.41pm Mr Kiely to Ms Scrymgour.
      2.43pm Mr Burke to Ms Martin.
      2.45pm Mr Bonson to Mr Stirling.
      2.48pm Mr Burke to Ms Martin.
      2.53pm Mr McAdam to Dr Burns.
      2.56pm Mr Burke to Ms Martin.
      3.00pm Mrs Aagaard to Mr Ah Kit.
      3.03pm Mr Wood to Dr Burns.
      3.05pm Mr Burke to Ms Martin.
      3.08pm Mr McAdam to Mr Vatskalis.
      3.11pm Mr Burke to Ms Martin.
      3.14pm Mrs Lawrie to Ms Martin.

      The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.

10. PERSONAL EXPLANATION:
      The Leader of the Opposition (Mr Burke) made a personal explanation, pursuant to Standing Order 57, of comments made by Ms Martin relating to Mr Burke and East Timor yesterday during Question Time, 8 February 2005.

11. CONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND BENEFITS BILL 2004 (Serial 272):
      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)

      Clauses 1 to 5, by leave, taken together and agreed to.
      Clause 6 read.
      Debate ensued.
      Clause 6 agreed to.
      Clauses 7 to 9, by leave, taken together and agreed to.
      Clause 10 read.
      Debate ensued.
      Clause 10 agreed to.
      Clauses 11 and 12, by leave, taken together and agreed to.
      Clause 13 read.
      Debate ensued.
      Clause 13 agreed to.
      Clause 14 agreed to.
      Clause 15 read.
      Debate ensued.
      Clause 15 agreed to.
      Clause 16 read.
      Debate ensued.
      Clause 16 agreed to.
      Clause 17 read.
      Debate ensued.
      Clause 17 agreed to.
      Clauses 18 to 20, by leave, taken together and agreed to.
      Clause 21 agreed to, after debate.
      Clause 22 agreed to.
      Clauses 23 to 31, by leave, taken together and agreed to.
      Clause 32 agreed to, after debate.
      Clause 33 agreed to, after debate.
      Remainder of the Bill, by leave, taken as a whole and agreed to.
      Bill to be reported without amendment.
      ________________

      The Assembly resumed; the Acting Deputy Speaker (Mr Kiely) resumed the Chair; the Chairman (Mr Wood) reported the Bill without amendment.
      And the Report was adopted.
      The Minister for Employment, Education and Training (Mr Stirling) 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.

12. BUILDING AMENDMENT BILL (No. 2) 2004 (Serial 274):
      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)

      Clause 1 agreed to.
      Clause 2 read.
      On the motion of the Minister for Lands and Planning (Dr Burns) the following amendment was agreed to -
      In subclause (2) omit "24(2)" and substitute "24(2) and (3)".

      On the motion of Dr Burns the following further amendment was agreed to -
      In subclause 7 omit section 29 and insert in its stead "section 31".

      On the motion of Dr Burns the following further amendment was agreed to -
      After subclause 7 insert -

          "(7A) Section 24(1A) comes into operation on the day on which, but immediately before, section 16 of the Building Amendment Act 2004 commences.".

      On the motion of Dr Burns the following further amendment was agreed to -
      In subclause 8 omit "section 31" and insert in its stead "section 33".

      On the motion of Dr Burns the following further amendment was agreed to -
      After subclause 8 insert -
          "(9) Section 24(3) comes into operation on the day on which, but immediately before, section 34 of the Building Amendment Act 2004.".

      Clause 2, as amended, agreed to.
      Clauses 3 to 10. by leave, taken together and agreed to.
      Clause 11 read.
      On the motion of Dr Burns the following amendment was agreed to -
      In proposed section 21B, after "3A" insert ",3B".

      Clause 11, as amended, agreed to.
      Clauses 12 to 17, by leave, taken together and agreed to.
      Clause 18 read.
      On the motion of Dr Burns the following amendment was agreed to -
      In subclause (11) omit "Section 29 - " and insert in its stead "Section 31 - ".

      Clause 18, as amended, agreed to.
      Clauses 19 to 21, by leave, taken together and agreed to.
      Clause 22 read.
      On the motion of Dr Burns the following amendment was agreed to -
      In subclause (2) omit "Section 30 - " and insert in its stead "Section 32 - ".

      Clause 22, as amended, agreed to.
      New Clauses 22A to 22D.
      On the motion of Dr Burns the following new clauses 22A, 22B, 22C and 22D were inserted in the Bill before Clause 23 and in Part 4-
        22A. Amendment of section 4 (Definitions)
        Section 4 –
        insert (in alphabetical order)
            "substantial compliance certificate" means a substantial compliance certificate issued under section 172F;
        22B. Amendment of section 8 (Functions and powers of Director)
        Section 8(3) –
        omit
        building and occupancy permits
        substitute
        building permits, occupancy permits and substantial compliance certificates

        22C. Amendment of section 38 (Functions of building certifiers)
        Section 38(1) –
        omit, substitute
        (1) Building certifiers have the following functions:
            (a) to grant building permits and occupancy permits;
            (b) to issue substantial compliance certificates;
            (c) any other functions imposed on building certifiers by this Act.
        22D. Repeal and substitution of section 40
        Section 40 –
        repeal, substitute

        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 of a building practitioner that building work complies with this Act or the Regulations; or
            (b) a substantial compliance certificate issued by another building certifier or the Director.
        Clause 23 read.
        On the motion of Dr Burns the following amendment was agreed to -
        In proposed section 172C, omit definition of "prescribed requirements" and insert in its stead -

        ' "prescribed requirements", for pre-1993 building work, means –

          (a) the approval, licence or permit required by a law in force in the Territory to be given, issued or granted for the work; and

          (b) any plans and specifications relevant to that approval, licence or permit.'.


        On the motion of Dr Burns the following further amendment was agreed to -
        Omit proposed section 172D(a), (b) and (c) – and substitute -

        "(a) building work commenced before 1 September 1993;

        (b) building work commenced on or after 1 September 1993 to which the 1983 Act continues to apply.".

        Clause 23, as amended, agreed to.
        New Clause 23A.
        On the motion of Dr Burns the following New Clause 23A was inserted in the Bill -

        23A. Amendment of Schedule 1

        Schedule 1, at the end – insert

            "52. The procedure for issuing substantial compliance certificates, including making applications, conducting inspections and directing work to be carried out.".
        Clause 24 read.
        On the motion of Dr Burns the following amendment was agreed to -
        Insert after subclause (1) -

        "(1A) Section 16, proposed section 40(a) and (b) –

        omit, substitute

            (a) a certificate of a building practitioner that building work complies with this Act or the Regulations;

            (b) an inspection certificate issued by another building practitioner or the Director under section 63; or

            (c) a substantial compliance certificate issued by another building certifier or the Director.".

        On the motion of Dr Burns the following further amendment was agreed to -
        Omit subclause (2) and insert in its stead -
            (2) Section 33 –

            omit

            after Part 15

            substitute

            before Schedule 1

            (3) Section 34 –

            omit

            at the end

            substitute

            after item 45

        Clause 24, 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 Acting Deputy Speaker (Mr Kiely) 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.

    13. TAXATION (ADMINISTRATION) AMENDMENT (OBJECTIONS AND APPEALS) BILL 2004 (Serial 263):
        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 Treasurer (Mr Stirling) the Bill was read a third time and passed to be a proposed law.

    14. TREASURER’S MID-YEAR REPORT 2004/2005 - REPORT NOTED:
        The Order of the Day having been read for resumption of debate on the question - That the Assembly take note of the Report -
        Debate resumed.
        Question - put and passed.

    15. EXPLANATORY STATEMENTS TO BILLS:
        The Leader of Government Business (Mr Henderson), by leave, made a statement relating to the proposed tabling of Explanatory Statements to Bills presented to the Assembly.
        Mr Elferink, by leave, made a statement relating thereto.
        Mr Wood, by leave, made a statement relating thereto.
    16. TERRITORY HOUSING, A FAIR GO FOR ALL - MINISTERIAL STATEMENT - STATEMENT NOTED:
        The Minister for Housing (Mr Ah Kit) made a statement relating to Territorians having access to decent, adequate housing to take advantage of educational opportunities and positive employment outcomes.
        Paper tabled: The Minister for Housing (Mr Ah Kit) laid on the Table the following Paper -
    National Issues in Indigenous housing 2004/05 and Beyond, position paper developed by the Northern Territory Government (Paper 1598).

        Mr Ah Kit moved - That the Assembly take note of the Statement.
        Debate ensued.
        Paper tabled: The Member for Macdonnell (Elferink), by leave, laid on the Table the following Paper -
    Graph, Average Weekly Earnings, source ABS1350.0 Feb 05, period 1994 to 2004 (Paper 1599).

        Debate continued.
        Extension of time: On the motion of the Member for Port Darwin (Ms Carter) the Member for Araluen (Ms Carney) was granted an extension of time.
        Debate continued.
        Paper tabled: The Member for Sanderson (Mr Kiely), by leave, laid on the Table the following Paper -
    Snapshots of Sanderson, Good News on the Home Front, Vol 2, July 2004 - Member for Sanderson Newsletter
    (Paper 1600).

        Debate continued.
        Extension of time - denied: The Member for Barkly (Mr McAdam) moved - That the Member for Sanderson (Mr Kiely) be granted an extension of time, pursuant to Standing Order 77.
        There being insufficient support of the majority of members present the motion was denied.

        Debate continued.
        Question - put and passed.
    17. ADJOURNMENT:
        The Chief Minister (Ms Martin) moved – That the Assembly do now adjourn.
        Debate ensued.
        Question – put and passed.
        And the Assembly adjourned at 11.06pm, until tomorrow at 10 am.
    –––––––––––––––––
        PAPERS:
        There were no Papers deemed to have been presented on Wednesday 9 February 2005.
    –––––––––––––––––
        ATTENDANCE:
        All Members attended the sitting.
    Last updated: 04 Aug 2016
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