Minutes of Proceedings - 2004-05-18
1. MEETING:
The Assembly met at 10 am, pursuant to resolution of the Assembly, dated Thursday 1 April 2004. The Speaker,
the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. SPEAKER’S WARRANT:
The Speaker laid on the Table her Warrant nominating Deputy Chairmen of Committees as follows:
Pursuant to the provisions of Standing Order 12, I hereby revoke all previous warrants nominating Members to act as Deputy Chairmen of Committees and nominate the following members to act as Deputy Chairmen of Committees; Mrs J Aagaard MLA, Mr M Bonson MLA,
Mr L Kiely MLA, Ms D Lawrie MLA, Mr P Maley MLA, Mr E McAdam MLA, and Mrs F Miller MLA, when requested so to do by the
Chairmen of Committees.
Given under my hand this 18th day of May two thousand and four.
LORAINE BRAHAM
Speaker
(Paper 1227)
4. STATEMENT – OPPOSITION PORTFOLIO RESPONSIBILITIES:
The Leader of the Opposition (Mr Mills), by leave, advised Members of the revised Opposition portfolio responsibilities, with effect from 11 May 2004, as follows:
TERRY MILLS MLA
Leader of the Opposition
Treasury
Railway
Racing, Gaming and Licensing
Territory Development
Asian Relations and Trade
Sport and Recreation
RICHARD LIM MLA
Deputy Leader of the Opposition
Chairman, Policy Development Committee
Education, Employment and Training
Corporate and Information Services
Communications
Ethnic Affairs
Central Australia
SUE CARTER MLA
Opposition Whip
Health and Community Services
Senior Territorians
Arts and Museums
TIM BALDWIN MLA
Primary Industry and Fisheries
Environment and Heritage
Parks and Wildlife
DENIS BURKE MLA
Transport and Infrastructure
Defence Support
Lands and Planning
JODEEN CARNEY MLA
Attorney-General and Justice
Women’s Policy
STEPHEN DUNHAM MLA
Business, Industry and Resource Development
Essential Services
JOHN ELFERINK MLA
Police, Fire and Emergency Services
Local Government
Indigenous Affairs
Community Development
Regional Development
FAY MILLER MLA
Tourism
Housing
Youth
5. MESSAGES FROM THE ADMINISTRATOR Nos. 19 and 20:
The Speaker advised Members that she had received the following messages from His Honour the Administrator:
I, EDWARD JOSEPH EGAN, AO the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:
1 March 2004
Electoral Act 2004 (No. 11 of 2004)
Electoral (Consequential Amendments) Act 2004 (No. 12 of 2004)
9 March 2004
Swimming Pool Safety Act 2004 (No. 13 of 2004)
15 March 2004
Liquor Amendment Act 2004 (No. 14 of 2004)
Local Government Amendment Act 2004 (No. 15 of 2004)
Mining Amendment Act 2004 (No. 16 of 2004)
National Environment Protection Council (Northern Territory) Amendment Act 2004 (No. 17 of 2004)
Statute Law Revision Act 2004 (No. 18 of 2004)
Firearms Amendment Act 2004 (No. 19 of 2004)
Food Act 2004 (No. 20 of 2004)
Dated 1st day of April 2004.
Administrator
Ted Egan
(Paper 1278)
I, EDWARD JOSEPH EGAN, AO the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:
16 April 2004
Health Practitioners Act 2004 (No. 21 of 2004)
28 April 2004
Fire and Emergency Amendment Act 2004 (No. 22 of 2004)
Radiation Protection Act 2004 (No. 23 of 2004)
Animal Welfare Amendment Act 2004 (No. 24 of 2004)
Consumer Affairs and Fair Trading Amendment Act 2004 (No. 25 of 2004)
Racing and Betting Amendment Act 2004 (No. 26 of 2004)
Unlawful Betting Amendment Act 2004 (No. 27 of 2004)
First Home Owner Grant Amendment Act 2004 (No. 28 of 2004)
Stamp Duty Amendment Act 2004 (No. 29 of 2004)
Dated 5th day of May 2004.
Administrator
Ted Egan
(Paper 1279)
6. ROUTINE OF BUSINESS, ORDER OF BUSINESS – APPROPRIATION BILL 2004/2005:
The Leader of Government Business (Mr Henderson) moved – That the Routine of Business of the Assembly be rearranged or suspended, if a question or debate is before the Chair, so as to permit the Treasurer to deliver the Budget 2004/2005 at 11am this day.
Question – put and passed.
7. BROADCAST OF BUDGET SPEECH 2004/2005 - STATEMENT:
The Speaker advised Members that permission had been given for various media to broadcast live or rebroadcast, with sound and vision, the presentation of the Budget 2004/2005 and the Treasurer’s Speech; for 8 TOP FM Radio to broadcast live the presentation of the Budget 2004/2005 and the Treasurer’s Speech; and the Northern Territory News to take photographs.
8. PETITION:
The Member for Goyder (Mr Maley) presented a petition No. 58, from 254 petitioners, relating to the lack of fresh water and basic infrastructure facilities in the Dundee and Bynoe Haven regions. (Paper 1281)
Petition read.
Response to petitions: The Clerk, pursuant to Standing Order 100A, presented responses to the following petitions Nos. 49, 50, 52, 54 and 55 and advised members that the text of the responses would be included in the Hansard record. (Paper 1280)
9. MINISTERIAL REPORTS:
Bayu-Undan: The Chief Minister (Ms Martin) reported on her proposed visit to the Bayu-Undan gas field this week.
Mr Mills responded thereto.
Mr Wood responded thereto.
Ms Martin responded accordingly.
East Timor Independence Day: The Chief Minister (Ms Martin) reported on her proposed attendance at the East Timor Independence celebrations on 19 May 2004.
Mr Mills responded thereto.
Petrol Sniffing Diversionary Programs: The Minister for Family and Community Services (Ms Scrymgour) reported on substance abuse and petrol sniffing diversionary programs.
Ms Carter responded thereto.
Mr Wood responded thereto.
Ms Scrymgour responded accordingly.
Correctional Services Review: The Minister for Justice and Attorney-Review (Dr Toyne) reported on a Correctional Services Review outcomes of Northern Territory prisons.
Ms Carney responded thereto.
Mr Wood responded thereto.
Dr Toyne responded accordingly.
Ministerial Reports noted, pursuant to Sessional Order.
10. ESTIMATES COMMITTEE, APPOINTMENT OF ESTIMATES COMMITTEE AND GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE – MOTIONS TO APPOINT COMMITTEES, AGREED TO:
The Leader of Government Business (Mr Henderson), pursuant to notice, moved – That the Assembly appoint an Estimates Committee and a Government Owned Corporations Scrutiny Committee pursuant to the terms circulated to Members as follows:
ESTIMATES COMMITTEE 2004/2005
TERMS OF REFERENCE
A. INTRODUCTION
1. That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed an Estimates Committee of the Legislative Assembly for the purposes of examining and reporting on the estimates of proposed expenditure contained in the Appropriation Bill 2004/05.
2. That the Schedule to the Appropriation Bill 2004/05 and related budget documents be referred to the Estimates Committee for examination and report on proposed expenditure when the Bill has been presented.
3. That the Committee may not vote on but may examine and report on the proposed expenditure contained in the Bill by no later than
25 June, 2004.
4. That the Committee examine the proposed expenditure contained in the Bill by portfolio units in accordance with the Schedule and that the proposed expenditure be considered on an output by output basis for each portfolio unit.
5. That the Committee consider the Appropriation Bill and related Budget Papers. To the extent that transactions of other public sector entities are included in the Budget Papers, these transactions can be questioned by the Committee. This would apply to Community Service Obligations paid to and dividends received from the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act. The Statement of Corporate Intent for the Power and Water Corporation for 2004-05 will be referred to the Government Owned Corporations Scrutiny Committee when it is tabled in the Parliament.
B. MEMBERSHIP
6. The membership of the Estimates Committee shall consist of the membership of the Public Accounts Committee.
7. The Chairman of the Public Accounts Committee shall be the Chairman of the Estimates Committee.
8. The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.
9. Other Members of the Assembly may not vote on any matters before the Committee.
10. Other Members of the Assembly may participate in public hearings of the Committee, provided that at any time participating Members are limited to seven (7) Members comprising the Chair, two (2) Government Members, three (3) Opposition Members and one (1) Independent Member.
11. Members may be substituted from time to time, subject to notification to the Chairman.
12. If a vacancy occurs in the membership of the Committee during its hearings, the Speaker may nominate a Member in substitution, but in so doing must have regard to the composition of the Committee as appointed by the Assembly.
13. The Committee may proceed with business despite a vacancy in its membership.
14. The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.
15. The quorum of the Committee is to be 3 of the members of the Committee.
16. If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and/or date to be fixed.
C. SITTING TIMES
17. The Estimates Committee will meet in accordance with the dates and times in the Schedule adopted by the Assembly or as otherwise ordered by the Committee and advised by the Chairman.
18. Unless otherwise ordered by the Committee the Committee shall sit during the following periods:
(a) on Tuesday 22 June, 2004 it commences at 8:30am and adjourns at 11.00pm;
(b) on Wednesday 23 June, 2004 it commences at 8.30am and adjourns at 11.00pm;
(c) on Thursday 24 June, 2004 commences at 8.30am and adjourns at 11.00pm; and
(d) the Committee may suspend the hearings from time to time.
19. The Estimates Committee may sit only when the Assembly is not sitting.
D. HEARING PROCEDURE
20. All hearings of the Estimates Committee are open to the public unless the Committee otherwise orders.
21. Except where otherwise provided in this Order, or the Committee otherwise determines, in the Estimates Committee hearings consideration of proposed expenditure should follow as far as possible, procedures observed by the Committee-of-the-Whole Assembly.
22. The Committee will consider proposed expenditure on an output by output basis.
23. Unless the Committee otherwise determines, the Minister (or Speaker) may make an opening statement lasting up to five (5) minutes which may be extended with the leave of the Committee.
24. Members of the Committee may ask for explanations from a Minister (or Speaker) relating to proposed expenditure and outputs.
25. The Minister (or Speaker) who has been asked for explanations may be assisted, where necessary, by officers in the provision of relevant information.
26. Officers may answer questions at the request of the Minister, but shall not be required to comment on policy matters.
27. Questions and explanations should be brief and avoid irrelevance and tedious repetition.
E. QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION
28. The Minister (or Speaker) may advise the Estimates Committee that an answer to a question or part of a question will be provided later to the Committee.
At that time the Chairman shall note the question or that part of the question taken on notice and any clarification required. The text of questions on notice will be distributed to the Minister (or Speaker) by the Committee Secretariat.
29. A Minister (or Speaker) may also give the Committee additional information about an answer given by them or on their behalf.
30. The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.
F. HANSARD REPORT AND OTHER TABLED DOCUMENTS
31. The Clerk of the Legislative Assembly is authorised to publish an unedited transcript of the Estimates Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.
32. Any document tabled at the hearing, by leave of the Committee, is deemed to be authorised for release by the Committee unless the Committee otherwise orders.
G. BROADCASTING AND TELEVISING OF PROCEEDINGS
33. Sound and vision broadcast and re-broadcast of the hearings of the Estimates Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.
H. DISORDER
34. At an Estimates Committee hearing the Chairman may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.
35. A member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.
36. If a Member persistently disrupts the business of the Committee:
(a) The Chair may name the Member;
(b) If the Member named is a member of the Estimates Committee, suspend the sittings until the Chair has reported the offence to the Speaker;
(c) If the Member named is not a member of the Estimates Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.
37. As soon as practicable, the Chair advises the Speaker who then gives notice that the member of the Estimates Committee be replaced.
38. If any objection is taken to a ruling or decision of the Chair:
(a) The objection must be taken at once and stated in writing;
(b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matters; and
(c) The Estimates Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.
I. REPORT OF ESTIMATES COMMITTEE
39. A report of the Estimates Committee will be presented by the Chairman to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.
40. When the Report of the Estimates Committee is presented it shall be taken into consideration forthwith, together with the Report of the Government Owned Corporations Scrutiny Committee.
41. The following time limits shall apply to consideration of the reports of the Committees on the question:
"that the proposed expenditure be agreed to and that the resolutions or expressions of opinion as agreed to by the committees in relation to the proposed expenditure or outputs with reference to the Appropriation Bill 2004/05, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to the Statement of Corporate Intent for 2004-05, be noted."
Ministers, Leader of the Opposition and Shadow Ministers20 minutes;
Any other Member10 minutes,
The maximum period for consideration shall be 5 hours.
42. When the consideration of the reports of the Committees has been completed the following question is proposed and put forthwith:
"that the remainder of the Bill be agreed to".
43. When the Bill has been agreed to by the Committee-of-the-Whole and reported to the Assembly, the third reading may be taken into consideration forthwith.
INTRODUCTION
1. That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed a Committee of the Legislative Assembly to be known as the Government Owned Corporations Scrutiny Committee for the purpose of examining and reporting on the activities, performance, practices and financial management of the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act, with reference to the Power and Water Corporation’s Statement of Corporate Intent for 2004/05.
MEMBERSHIP
2. The membership of the Government Owned Corporations Scrutiny Committee shall consist of the membership of the Public Accounts Committee.
3. The Chairman of the Public Accounts Committee shall be the Chairman of the Government Owned Corporations Scrutiny Committee.
4. The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.
5. Other Members of the Assembly may not vote on any matters before the Committee.
6. Other Members of the Assembly may participate in public hearings of the Committee, provided that at any time participating Members are limited to seven (7) Members comprising the Chair, two (2) Government Members, three (3) Opposition Members and one (1) Independent Member.
7. Members may be substituted from time to time, subject to notification to the Chairman.
8. If a vacancy occurs in the membership of the Committee during its hearings, the Speaker may nominate a Member in substitution, but in so doing must have regard to the composition of the Committee as appointed by the Assembly.
9. The Committee may proceed with business despite a vacancy in its membership.
10. The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.
11. The quorum of the Committee is to be 3 of the members of the Committee.
12. If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and/or date to be fixed.
SITTING TIMES
13. The Government Owned Corporations Scrutiny Committee will meet in accordance with the dates and times in the Schedule adopted by the Assembly or as otherwise ordered by the Committee and advised by the Chairman.
14. The Government Owned Corporations Scrutiny Committee may sit only when the Assembly is not sitting.
15. The Committee shall sit on Friday 25 June 2004 for 2 hours from 9.00am to 11:00am.
HEARING PROCEDURE
16. All hearings of the Committee are open to the public unless the Committee otherwise orders.
17. Except where otherwise provided in this Order, or the Committee otherwise determines, in the Committee hearings the examination of the Power and Water Corporation should follow as far as possible, procedures observed by the Committee-of-the-Whole Assembly.
18. Unless the Committee otherwise determines, the Chairman of the Board of the Power and Water Corporation may make an opening statement lasting up to five (5) minutes which may be extended with the leave of the Committee.
19. Members of the Committee may ask questions for the purpose of examining the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statement of Corporate Intent for 2004/05.
20. Questions shall be put directly to the Chairman of the Board of the Power and Water Corporation, the Managing Director and other officers may assist the Chairman in the provision of relevant information.
21. The Chairman or other witnesses will advise when evidence is of a commercially sensitive or confidential nature and may request that such evidence be heard 'in camera'. The Chairman of the Committee will invite the Chairman or the witnesses to give the reasons for the request.
22. Questions and explanations should be brief and avoid irrelevance and tedious repetition.
QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION
23. The Chairman of the Power and Water Corporation may advise the Committee that an answer to a question or part of a question will be provided later to the Committee.
24. At that time the Chairman of the Committee shall note the question or that part of the question taken on notice and any clarification required. The text of questions on notice will be distributed to the Chairman of the Power and Water Corporation by the Committee Secretariat.
25. The Chairman of the Power and Water Corporation may also give the Committee additional information about an answer given by the witnesses or on their behalf.
26. The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.
HANSARD REPORT AND OTHER TABLED DOCUMENTS
27. The Clerk of the Legislative Assembly is authorised to publish an unedited transcript of the Government Owned Corporations Scrutiny Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.
28. Any document tabled at the hearing, by leave of the Committee, is deemed to be authorised for release by the Committee unless the Committee otherwise orders.
BROADCASTING AND TELEVISING OF PROCEEDINGS
29. Sound and vision broadcast and re-broadcast of the hearings of the Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.
DISORDER
30. At a Committee hearing the Chairman may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.
31. A Member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.
32. If a Member persistently disrupts the business of the Committee:
(a) The Chair may name the Member;
(b) If the Member named is a member of the Government Owned Corporations Scrutiny Committee, suspend the sittings until the Chair has reported the offence to the Speaker;
(c) If the Member named is not a member of the Government Owned Corporations Scrutiny Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.
33. As soon as practicable, the Chair advises the Speaker who then gives notice that the member of the Government Owned Corporations Scrutiny Committee be replaced.
34. If any objection is taken to a ruling or decision of the Chair:
(a) The objection must be taken at once and stated in writing;
(b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matters; and
(c) The Government Owned Corporations Scrutiny Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.
35. A report of the Government Owned Corporations Scrutiny Committee will be presented by the Chairman to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.
36. When the Report of the Committee is presented it shall be taken into consideration forthwith, together with the Report of the Estimates Committee.
37. The following time limits shall apply to consideration of the reports of the Committees on the question:
"that the proposed expenditure be agreed to and that the resolutions or expressions of opinion as agreed to by the committees in relation to the proposed expenditure or outputs with reference to the Appropriation Bill 2004/05, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statements of Corporate Intent for 2004/05, be noted "
Ministers, Leader of the Opposition and Shadow Ministers20 minutes;
Any other Member10 minutes,
The maximum period for consideration shall be 5 hours. (Paper 1301)
Debate ensued.
Debate suspended, pursuant to resolution of the Assembly, dated 18 May 2004, calling on the presentation of the Appropriation Bill 2004/2005 (Serial 234).
Visitors: The Speaker acknowledged the presence in the public galleries of the Under Treasurer, Ms Jennifer Prince and members of Treasury staff. A warm welcome was extended to the visitors by the Speaker.
11. MESSAGE FROM THE ADMINISTRATOR No. 21:
The Speaker advised Honourable Members that she had received the following Message from His Honour the Administrator:
I, EDWARD JOSEPH EGAN, the Administrator of the Northern Territory of Australia, in pursuance of section 11 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act to authorise the issue and expenditure of public moneys of the Territory in respect of the year ending 30 June 2005.
Dated 12TH May 2004
(Sgd) TED EGAN
Administrator
(Paper 1282)
12. APPROPRIATION BILL 2004/2005 (Serial 234):
The Treasurer (Mr Stirling), presented a Bill for an Act to authorise the issuing and expending of public moneys of the Territory in respect of the year ending 30 June 2005, the subject of His Honour the Administrator’s Message No. 21 notified earlier this day.
Bill read a first time.
Mr Stirling moved – That the Bill be now read a second time.
Papers Tabled: The Treasurer (Mr Stirling) laid on the Table the following Papers –
Budget Paper No. 1 – Speech, 2004/2005 (Paper 1291);
Budget Paper No. 2 – Fiscal and Economic Outlook, 2004/2005 (Paper 1292);
Budget Paper No. 3 – The Budget, 2004/2005 (Paper 1293);
Budget Paper No. 4 –The Infrastructure Program, 2004/2005 (Paper 1294);
Budget Highlights, 2004/2005 (Paper 1295);
Business Highlights, 2004/2005 (Paper 1296);
Northern Territory Economy 2004/2005 (Paper 1297);
Regional Highlights, 2004/2005 (Paper 1298); and
Northern Territory Economy Overview, 2004/2005 (Paper 1299).
Debate ensued.
On the motion of the Member for Brennan (Mr Burke) debate was adjourned.
Visitors: The Speaker advised Members of the presence in the public galleries of St John’s College Year 10 and Year 11 students in legal studies, accompanied by Mr Stephen Meara. On behalf of all Members the Speaker extended a warm welcome to the visitors.
Statement by Speaker: The Speaker advised members of problems with the file print server and faulty memory card.
13. NOTICES:
The following notices were given:
Mr Stirling: To present the Debits Tax Amendment Bill 2004 (Serial 226).
Mr Stirling: To present the Mineral Royalty Amendment Bill 2004 (Serial 227).
Mr Stirling: To present the Pay-roll Tax Amendment Bill 2004 (Serial 228).
Mr Stirling: To present the Stamp Duty Amendment Bill (No. 2) 2004 (Serial 229).
Mr Stirling: To present the Taxation (Administration) Amendment Bill 2004 (Serial 230).
Mr Stirling: To move - That so much of the Standing Orders be suspended as would prevent Bills entitled –
Debits Tax Amendment Bill 2004 (Serial 226), Mineral Royalty Amendment Bill 2004 (Serial 227), Pay-roll Tax Amendment Bill 2004 (Serial 228), Stamp Duty Amendment Bill (No. 2) 2004 (Serial 229) and Taxation (Administration) Amendment Bill 2004 (Serial 230) –
(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.
Mr Wood: To move - That this Assembly refer to the Standing Orders Committee for inquiry and report on whether there should be an explanatory memorandum/statement signed off by the relevant Minister or Member with each Bill presented to the Assembly.
14. QUESTIONS:
2.33pm Mr Mills to Ms Martin.
2.39pm Mr Kiely to Mr Stirling.
2.44pm Mr Mills to Mr Stirling.
2.49pm Mrs Aagaard to Mr Stirling.
2.52pm Mr Wood to Mr Stirling.
2.59pm Mr Mills to Ms Martin.
3.03pm Ms Lawrie to Ms Martin.
3.08pm Mr Dunham to Mr Stirling.
3.11pm Mr Bonson to Dr Burns.
3.17pm Mr Burke to Dr Burns.
3.18pm Mr McAdam to Dr Toyne.
3.21pm Mr Burke to Dr Burns.
3.24pm Mr Wood to Dr Toyne.
3.26pm Mr Kiely to Mr Ah Kit.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
15. ESTIMATES COMMITTEE, APPOINTMENT OF ESTIMATES COMMITTEE AND GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE – MOTIONS AGREED TO:
The Order of the Day having been read for the resumption of debate on the question, suspended earlier this day – That the Assembly appoint an Estimates Committee and a Government Owned Corporations Scrutiny Committee pursuant to the terms circulated to Members –
Debate resumed.
The Member for Drysdale (Mr Dunham) moved the following amendment to the motion –
Insert after Part F of the motion relating to the appointment of an Estimates Committee at the end of paragraph 27 the words –
“If the question is able to be answered using the knowledge of advisors or written prepared briefs it shall be given at the hearing and not taken on notice”.
Debate ensued.
Question – That the amendment be agreed to - put and negatived.
Main question – debate continued.
The Member for Nelson (Mr Wood) moved the following amendment to the motion as follows–
Insert new clause 27A as follows -
“That written questions can be given in advance and submitted to the minister prior to the Estimates Committee meeting and the minister make every effort to answer these questions at the committee hearings.”.
Debate ensued.
Question – That the amendment be agreed to - put and negatived.
Main question – debate continued.
Question – put and passed.
16. AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) BILL 2004 (Serial 219):
The Order of the Day having been read for 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.
17. FISHERIES AMENDMENT BILL 2004 (Serial 216):
The Order of the Day having been read for 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.
18. TRAFFIC AMENDMENT BILL (No. 3) 2003 (Serial 200):
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.
Bill, by leave, taken as whole.
On the motion of the Minister for Transport and Infrastructure (Dr Burns) the following amendment was agreed to, after debate –
Insert after section 53(4) –
“(5) The Regulations may –
(a) make different provision in relation to –
(i) different persons or matters; or
(ii) different classes of persons or matters; or
(b) apply differently by reference to stated exceptions or factors.”.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
On the motion of the Minister for Transport and Infrastructure (Dr Burns) the Bill was read a third time and passed to be a proposed law.
19. CANE TOADS – SESSIONAL COMMITTEE ON ENVIRONMENT AND SUSTAINABLE DEVELOPMENT – PAPER NOTED:
The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Paper –
Debate resumed.
Question – put and passed.
20. AUDITOR-GENERAL’S MARCH 2004 REPORT TO THE LEGISLATIVE ASSEMBLY – PAPER NOTED:
The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Paper –
Debate resumed.
Question – put and passed.
21. ADJOURNMENT:
The Minister for Mines and Energy (Mr Vatskalis) moved – That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Minister for Health (Dr Toyne) laid on the Table the following Paper –
Nursing positions – Government’s Commitment to Create an Additional 75 Nursing Positions In Acute Care Within its First Term of Office As at 10 May 2004 (Paper 1300).
Debate continued.
Question – put and passed.
And the Assembly adjourned at 11.01 pm Tuesday 18 May 2004 until tomorrow at 10am.
The following Papers were deemed to have been presented on Tuesday 18 May 2004 –
Annual Report:
National Environment Protection Council, 2002/2003, Erratum (Paper 1283)
Coroners Act:
In the matter of Coronial Findings and Recommendation into the Death of Mr Owen King, pursuant to section 46B, dated 3 December 2003 (Paper 1290)
Regulations 2004:
No. 10, Amendments of Legal Practitioners Regulations (Paper 1284)
No. 11, Amendments of Legal Practitioners Regulations (Paper 1285)
No. 12, Associations Regulations (Paper 1286)
No. 13, Amendments of Police Administration (Fees) Regulations (Paper 1287)
No. 14, Northern Territory Aboriginal Sacred Sites Regulations (Paper 1288)
No. 15, Amendment of Building Regulations (Paper 1289)
ATTENDANCE:
All Members attended the sitting.
Ian McNeill
Clerk of the Legislative Assembly
The Assembly met at 10 am, pursuant to resolution of the Assembly, dated Thursday 1 April 2004. The Speaker,
the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. SPEAKER’S WARRANT:
The Speaker laid on the Table her Warrant nominating Deputy Chairmen of Committees as follows:
WARRANT
Pursuant to the provisions of Standing Order 12, I hereby revoke all previous warrants nominating Members to act as Deputy Chairmen of Committees and nominate the following members to act as Deputy Chairmen of Committees; Mrs J Aagaard MLA, Mr M Bonson MLA,
Mr L Kiely MLA, Ms D Lawrie MLA, Mr P Maley MLA, Mr E McAdam MLA, and Mrs F Miller MLA, when requested so to do by the
Chairmen of Committees.
Given under my hand this 18th day of May two thousand and four.
LORAINE BRAHAM
Speaker
(Paper 1227)
4. STATEMENT – OPPOSITION PORTFOLIO RESPONSIBILITIES:
The Leader of the Opposition (Mr Mills), by leave, advised Members of the revised Opposition portfolio responsibilities, with effect from 11 May 2004, as follows:
TERRY MILLS MLA
Leader of the Opposition
Treasury
Railway
Racing, Gaming and Licensing
Territory Development
Asian Relations and Trade
Sport and Recreation
RICHARD LIM MLA
Deputy Leader of the Opposition
Chairman, Policy Development Committee
Education, Employment and Training
Corporate and Information Services
Communications
Ethnic Affairs
Central Australia
SUE CARTER MLA
Opposition Whip
Health and Community Services
Senior Territorians
Arts and Museums
TIM BALDWIN MLA
Primary Industry and Fisheries
Environment and Heritage
Parks and Wildlife
DENIS BURKE MLA
Transport and Infrastructure
Defence Support
Lands and Planning
JODEEN CARNEY MLA
Attorney-General and Justice
Women’s Policy
STEPHEN DUNHAM MLA
Business, Industry and Resource Development
Essential Services
JOHN ELFERINK MLA
Police, Fire and Emergency Services
Local Government
Indigenous Affairs
Community Development
Regional Development
FAY MILLER MLA
Tourism
Housing
Youth
5. MESSAGES FROM THE ADMINISTRATOR Nos. 19 and 20:
The Speaker advised Members that she had received the following messages from His Honour the Administrator:
MESSAGE No. 19
Assent to Proposed Laws
Assent to Proposed Laws
I, EDWARD JOSEPH EGAN, AO the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:
1 March 2004
Electoral Act 2004 (No. 11 of 2004)
Electoral (Consequential Amendments) Act 2004 (No. 12 of 2004)
9 March 2004
Swimming Pool Safety Act 2004 (No. 13 of 2004)
15 March 2004
Liquor Amendment Act 2004 (No. 14 of 2004)
Local Government Amendment Act 2004 (No. 15 of 2004)
Mining Amendment Act 2004 (No. 16 of 2004)
National Environment Protection Council (Northern Territory) Amendment Act 2004 (No. 17 of 2004)
Statute Law Revision Act 2004 (No. 18 of 2004)
Firearms Amendment Act 2004 (No. 19 of 2004)
Food Act 2004 (No. 20 of 2004)
Dated 1st day of April 2004.
Administrator
Ted Egan
(Paper 1278)
MESSAGE No. 20
Assent to Proposed Laws
Assent to Proposed Laws
I, EDWARD JOSEPH EGAN, AO the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:
16 April 2004
Health Practitioners Act 2004 (No. 21 of 2004)
28 April 2004
Fire and Emergency Amendment Act 2004 (No. 22 of 2004)
Radiation Protection Act 2004 (No. 23 of 2004)
Animal Welfare Amendment Act 2004 (No. 24 of 2004)
Consumer Affairs and Fair Trading Amendment Act 2004 (No. 25 of 2004)
Racing and Betting Amendment Act 2004 (No. 26 of 2004)
Unlawful Betting Amendment Act 2004 (No. 27 of 2004)
First Home Owner Grant Amendment Act 2004 (No. 28 of 2004)
Stamp Duty Amendment Act 2004 (No. 29 of 2004)
Dated 5th day of May 2004.
Administrator
Ted Egan
(Paper 1279)
6. ROUTINE OF BUSINESS, ORDER OF BUSINESS – APPROPRIATION BILL 2004/2005:
The Leader of Government Business (Mr Henderson) moved – That the Routine of Business of the Assembly be rearranged or suspended, if a question or debate is before the Chair, so as to permit the Treasurer to deliver the Budget 2004/2005 at 11am this day.
Question – put and passed.
7. BROADCAST OF BUDGET SPEECH 2004/2005 - STATEMENT:
The Speaker advised Members that permission had been given for various media to broadcast live or rebroadcast, with sound and vision, the presentation of the Budget 2004/2005 and the Treasurer’s Speech; for 8 TOP FM Radio to broadcast live the presentation of the Budget 2004/2005 and the Treasurer’s Speech; and the Northern Territory News to take photographs.
8. PETITION:
The Member for Goyder (Mr Maley) presented a petition No. 58, from 254 petitioners, relating to the lack of fresh water and basic infrastructure facilities in the Dundee and Bynoe Haven regions. (Paper 1281)
Petition read.
Response to petitions: The Clerk, pursuant to Standing Order 100A, presented responses to the following petitions Nos. 49, 50, 52, 54 and 55 and advised members that the text of the responses would be included in the Hansard record. (Paper 1280)
9. MINISTERIAL REPORTS:
Bayu-Undan: The Chief Minister (Ms Martin) reported on her proposed visit to the Bayu-Undan gas field this week.
Mr Mills responded thereto.
Mr Wood responded thereto.
Ms Martin responded accordingly.
East Timor Independence Day: The Chief Minister (Ms Martin) reported on her proposed attendance at the East Timor Independence celebrations on 19 May 2004.
Mr Mills responded thereto.
Petrol Sniffing Diversionary Programs: The Minister for Family and Community Services (Ms Scrymgour) reported on substance abuse and petrol sniffing diversionary programs.
Ms Carter responded thereto.
Mr Wood responded thereto.
Ms Scrymgour responded accordingly.
Correctional Services Review: The Minister for Justice and Attorney-Review (Dr Toyne) reported on a Correctional Services Review outcomes of Northern Territory prisons.
Ms Carney responded thereto.
Mr Wood responded thereto.
Dr Toyne responded accordingly.
Ministerial Reports noted, pursuant to Sessional Order.
10. ESTIMATES COMMITTEE, APPOINTMENT OF ESTIMATES COMMITTEE AND GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE – MOTIONS TO APPOINT COMMITTEES, AGREED TO:
The Leader of Government Business (Mr Henderson), pursuant to notice, moved – That the Assembly appoint an Estimates Committee and a Government Owned Corporations Scrutiny Committee pursuant to the terms circulated to Members as follows:
ESTIMATES COMMITTEE 2004/2005
TERMS OF REFERENCE
A. INTRODUCTION
1. That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed an Estimates Committee of the Legislative Assembly for the purposes of examining and reporting on the estimates of proposed expenditure contained in the Appropriation Bill 2004/05.
2. That the Schedule to the Appropriation Bill 2004/05 and related budget documents be referred to the Estimates Committee for examination and report on proposed expenditure when the Bill has been presented.
3. That the Committee may not vote on but may examine and report on the proposed expenditure contained in the Bill by no later than
25 June, 2004.
4. That the Committee examine the proposed expenditure contained in the Bill by portfolio units in accordance with the Schedule and that the proposed expenditure be considered on an output by output basis for each portfolio unit.
5. That the Committee consider the Appropriation Bill and related Budget Papers. To the extent that transactions of other public sector entities are included in the Budget Papers, these transactions can be questioned by the Committee. This would apply to Community Service Obligations paid to and dividends received from the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act. The Statement of Corporate Intent for the Power and Water Corporation for 2004-05 will be referred to the Government Owned Corporations Scrutiny Committee when it is tabled in the Parliament.
B. MEMBERSHIP
6. The membership of the Estimates Committee shall consist of the membership of the Public Accounts Committee.
7. The Chairman of the Public Accounts Committee shall be the Chairman of the Estimates Committee.
8. The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.
9. Other Members of the Assembly may not vote on any matters before the Committee.
10. Other Members of the Assembly may participate in public hearings of the Committee, provided that at any time participating Members are limited to seven (7) Members comprising the Chair, two (2) Government Members, three (3) Opposition Members and one (1) Independent Member.
11. Members may be substituted from time to time, subject to notification to the Chairman.
12. If a vacancy occurs in the membership of the Committee during its hearings, the Speaker may nominate a Member in substitution, but in so doing must have regard to the composition of the Committee as appointed by the Assembly.
13. The Committee may proceed with business despite a vacancy in its membership.
14. The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.
15. The quorum of the Committee is to be 3 of the members of the Committee.
16. If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and/or date to be fixed.
C. SITTING TIMES
17. The Estimates Committee will meet in accordance with the dates and times in the Schedule adopted by the Assembly or as otherwise ordered by the Committee and advised by the Chairman.
18. Unless otherwise ordered by the Committee the Committee shall sit during the following periods:
(a) on Tuesday 22 June, 2004 it commences at 8:30am and adjourns at 11.00pm;
(b) on Wednesday 23 June, 2004 it commences at 8.30am and adjourns at 11.00pm;
(c) on Thursday 24 June, 2004 commences at 8.30am and adjourns at 11.00pm; and
(d) the Committee may suspend the hearings from time to time.
19. The Estimates Committee may sit only when the Assembly is not sitting.
D. HEARING PROCEDURE
20. All hearings of the Estimates Committee are open to the public unless the Committee otherwise orders.
21. Except where otherwise provided in this Order, or the Committee otherwise determines, in the Estimates Committee hearings consideration of proposed expenditure should follow as far as possible, procedures observed by the Committee-of-the-Whole Assembly.
22. The Committee will consider proposed expenditure on an output by output basis.
23. Unless the Committee otherwise determines, the Minister (or Speaker) may make an opening statement lasting up to five (5) minutes which may be extended with the leave of the Committee.
24. Members of the Committee may ask for explanations from a Minister (or Speaker) relating to proposed expenditure and outputs.
25. The Minister (or Speaker) who has been asked for explanations may be assisted, where necessary, by officers in the provision of relevant information.
26. Officers may answer questions at the request of the Minister, but shall not be required to comment on policy matters.
27. Questions and explanations should be brief and avoid irrelevance and tedious repetition.
E. QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION
28. The Minister (or Speaker) may advise the Estimates Committee that an answer to a question or part of a question will be provided later to the Committee.
At that time the Chairman shall note the question or that part of the question taken on notice and any clarification required. The text of questions on notice will be distributed to the Minister (or Speaker) by the Committee Secretariat.
29. A Minister (or Speaker) may also give the Committee additional information about an answer given by them or on their behalf.
30. The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.
F. HANSARD REPORT AND OTHER TABLED DOCUMENTS
31. The Clerk of the Legislative Assembly is authorised to publish an unedited transcript of the Estimates Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.
32. Any document tabled at the hearing, by leave of the Committee, is deemed to be authorised for release by the Committee unless the Committee otherwise orders.
G. BROADCASTING AND TELEVISING OF PROCEEDINGS
33. Sound and vision broadcast and re-broadcast of the hearings of the Estimates Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.
H. DISORDER
34. At an Estimates Committee hearing the Chairman may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.
35. A member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.
36. If a Member persistently disrupts the business of the Committee:
(a) The Chair may name the Member;
(b) If the Member named is a member of the Estimates Committee, suspend the sittings until the Chair has reported the offence to the Speaker;
(c) If the Member named is not a member of the Estimates Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.
37. As soon as practicable, the Chair advises the Speaker who then gives notice that the member of the Estimates Committee be replaced.
38. If any objection is taken to a ruling or decision of the Chair:
(a) The objection must be taken at once and stated in writing;
(b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matters; and
(c) The Estimates Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.
I. REPORT OF ESTIMATES COMMITTEE
39. A report of the Estimates Committee will be presented by the Chairman to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.
40. When the Report of the Estimates Committee is presented it shall be taken into consideration forthwith, together with the Report of the Government Owned Corporations Scrutiny Committee.
41. The following time limits shall apply to consideration of the reports of the Committees on the question:
"that the proposed expenditure be agreed to and that the resolutions or expressions of opinion as agreed to by the committees in relation to the proposed expenditure or outputs with reference to the Appropriation Bill 2004/05, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to the Statement of Corporate Intent for 2004-05, be noted."
Ministers, Leader of the Opposition and Shadow Ministers20 minutes;
Any other Member10 minutes,
The maximum period for consideration shall be 5 hours.
42. When the consideration of the reports of the Committees has been completed the following question is proposed and put forthwith:
"that the remainder of the Bill be agreed to".
43. When the Bill has been agreed to by the Committee-of-the-Whole and reported to the Assembly, the third reading may be taken into consideration forthwith.
________________
GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE
TERMS OF REFERENCE
TERMS OF REFERENCE
INTRODUCTION
1. That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed a Committee of the Legislative Assembly to be known as the Government Owned Corporations Scrutiny Committee for the purpose of examining and reporting on the activities, performance, practices and financial management of the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act, with reference to the Power and Water Corporation’s Statement of Corporate Intent for 2004/05.
MEMBERSHIP
2. The membership of the Government Owned Corporations Scrutiny Committee shall consist of the membership of the Public Accounts Committee.
3. The Chairman of the Public Accounts Committee shall be the Chairman of the Government Owned Corporations Scrutiny Committee.
4. The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.
5. Other Members of the Assembly may not vote on any matters before the Committee.
6. Other Members of the Assembly may participate in public hearings of the Committee, provided that at any time participating Members are limited to seven (7) Members comprising the Chair, two (2) Government Members, three (3) Opposition Members and one (1) Independent Member.
7. Members may be substituted from time to time, subject to notification to the Chairman.
8. If a vacancy occurs in the membership of the Committee during its hearings, the Speaker may nominate a Member in substitution, but in so doing must have regard to the composition of the Committee as appointed by the Assembly.
9. The Committee may proceed with business despite a vacancy in its membership.
10. The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.
11. The quorum of the Committee is to be 3 of the members of the Committee.
12. If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and/or date to be fixed.
SITTING TIMES
13. The Government Owned Corporations Scrutiny Committee will meet in accordance with the dates and times in the Schedule adopted by the Assembly or as otherwise ordered by the Committee and advised by the Chairman.
14. The Government Owned Corporations Scrutiny Committee may sit only when the Assembly is not sitting.
15. The Committee shall sit on Friday 25 June 2004 for 2 hours from 9.00am to 11:00am.
HEARING PROCEDURE
16. All hearings of the Committee are open to the public unless the Committee otherwise orders.
17. Except where otherwise provided in this Order, or the Committee otherwise determines, in the Committee hearings the examination of the Power and Water Corporation should follow as far as possible, procedures observed by the Committee-of-the-Whole Assembly.
18. Unless the Committee otherwise determines, the Chairman of the Board of the Power and Water Corporation may make an opening statement lasting up to five (5) minutes which may be extended with the leave of the Committee.
19. Members of the Committee may ask questions for the purpose of examining the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statement of Corporate Intent for 2004/05.
20. Questions shall be put directly to the Chairman of the Board of the Power and Water Corporation, the Managing Director and other officers may assist the Chairman in the provision of relevant information.
21. The Chairman or other witnesses will advise when evidence is of a commercially sensitive or confidential nature and may request that such evidence be heard 'in camera'. The Chairman of the Committee will invite the Chairman or the witnesses to give the reasons for the request.
22. Questions and explanations should be brief and avoid irrelevance and tedious repetition.
QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION
23. The Chairman of the Power and Water Corporation may advise the Committee that an answer to a question or part of a question will be provided later to the Committee.
24. At that time the Chairman of the Committee shall note the question or that part of the question taken on notice and any clarification required. The text of questions on notice will be distributed to the Chairman of the Power and Water Corporation by the Committee Secretariat.
25. The Chairman of the Power and Water Corporation may also give the Committee additional information about an answer given by the witnesses or on their behalf.
26. The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.
HANSARD REPORT AND OTHER TABLED DOCUMENTS
27. The Clerk of the Legislative Assembly is authorised to publish an unedited transcript of the Government Owned Corporations Scrutiny Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.
28. Any document tabled at the hearing, by leave of the Committee, is deemed to be authorised for release by the Committee unless the Committee otherwise orders.
BROADCASTING AND TELEVISING OF PROCEEDINGS
29. Sound and vision broadcast and re-broadcast of the hearings of the Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.
DISORDER
30. At a Committee hearing the Chairman may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.
31. A Member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.
32. If a Member persistently disrupts the business of the Committee:
(a) The Chair may name the Member;
(b) If the Member named is a member of the Government Owned Corporations Scrutiny Committee, suspend the sittings until the Chair has reported the offence to the Speaker;
(c) If the Member named is not a member of the Government Owned Corporations Scrutiny Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.
33. As soon as practicable, the Chair advises the Speaker who then gives notice that the member of the Government Owned Corporations Scrutiny Committee be replaced.
34. If any objection is taken to a ruling or decision of the Chair:
(a) The objection must be taken at once and stated in writing;
(b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matters; and
(c) The Government Owned Corporations Scrutiny Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.
REPORT OF GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE
35. A report of the Government Owned Corporations Scrutiny Committee will be presented by the Chairman to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.
36. When the Report of the Committee is presented it shall be taken into consideration forthwith, together with the Report of the Estimates Committee.
37. The following time limits shall apply to consideration of the reports of the Committees on the question:
"that the proposed expenditure be agreed to and that the resolutions or expressions of opinion as agreed to by the committees in relation to the proposed expenditure or outputs with reference to the Appropriation Bill 2004/05, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statements of Corporate Intent for 2004/05, be noted "
Ministers, Leader of the Opposition and Shadow Ministers20 minutes;
Any other Member10 minutes,
The maximum period for consideration shall be 5 hours. (Paper 1301)
Debate ensued.
Debate suspended, pursuant to resolution of the Assembly, dated 18 May 2004, calling on the presentation of the Appropriation Bill 2004/2005 (Serial 234).
Visitors: The Speaker acknowledged the presence in the public galleries of the Under Treasurer, Ms Jennifer Prince and members of Treasury staff. A warm welcome was extended to the visitors by the Speaker.
11. MESSAGE FROM THE ADMINISTRATOR No. 21:
The Speaker advised Honourable Members that she had received the following Message from His Honour the Administrator:
Message No. 21
I, EDWARD JOSEPH EGAN, the Administrator of the Northern Territory of Australia, in pursuance of section 11 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act to authorise the issue and expenditure of public moneys of the Territory in respect of the year ending 30 June 2005.
Dated 12TH May 2004
(Sgd) TED EGAN
Administrator
(Paper 1282)
12. APPROPRIATION BILL 2004/2005 (Serial 234):
The Treasurer (Mr Stirling), presented a Bill for an Act to authorise the issuing and expending of public moneys of the Territory in respect of the year ending 30 June 2005, the subject of His Honour the Administrator’s Message No. 21 notified earlier this day.
Bill read a first time.
Mr Stirling moved – That the Bill be now read a second time.
Papers Tabled: The Treasurer (Mr Stirling) laid on the Table the following Papers –
Budget Paper No. 1 – Speech, 2004/2005 (Paper 1291);
Budget Paper No. 2 – Fiscal and Economic Outlook, 2004/2005 (Paper 1292);
Budget Paper No. 3 – The Budget, 2004/2005 (Paper 1293);
Budget Paper No. 4 –The Infrastructure Program, 2004/2005 (Paper 1294);
Budget Highlights, 2004/2005 (Paper 1295);
Business Highlights, 2004/2005 (Paper 1296);
Northern Territory Economy 2004/2005 (Paper 1297);
Regional Highlights, 2004/2005 (Paper 1298); and
Northern Territory Economy Overview, 2004/2005 (Paper 1299).
Debate ensued.
On the motion of the Member for Brennan (Mr Burke) debate was adjourned.
Visitors: The Speaker advised Members of the presence in the public galleries of St John’s College Year 10 and Year 11 students in legal studies, accompanied by Mr Stephen Meara. On behalf of all Members the Speaker extended a warm welcome to the visitors.
–––––––––––––––
Suspension of sittings: The sittings of the Assembly was suspended between 11.38am and 2.30pm.–––––––––––––––
Statement by Speaker: The Speaker advised members of problems with the file print server and faulty memory card.
13. NOTICES:
The following notices were given:
Mr Stirling: To present the Debits Tax Amendment Bill 2004 (Serial 226).
Mr Stirling: To present the Mineral Royalty Amendment Bill 2004 (Serial 227).
Mr Stirling: To present the Pay-roll Tax Amendment Bill 2004 (Serial 228).
Mr Stirling: To present the Stamp Duty Amendment Bill (No. 2) 2004 (Serial 229).
Mr Stirling: To present the Taxation (Administration) Amendment Bill 2004 (Serial 230).
Mr Stirling: To move - That so much of the Standing Orders be suspended as would prevent Bills entitled –
Debits Tax Amendment Bill 2004 (Serial 226), Mineral Royalty Amendment Bill 2004 (Serial 227), Pay-roll Tax Amendment Bill 2004 (Serial 228), Stamp Duty Amendment Bill (No. 2) 2004 (Serial 229) and Taxation (Administration) Amendment Bill 2004 (Serial 230) –
(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.
Mr Wood: To move - That this Assembly refer to the Standing Orders Committee for inquiry and report on whether there should be an explanatory memorandum/statement signed off by the relevant Minister or Member with each Bill presented to the Assembly.
14. QUESTIONS:
2.33pm Mr Mills to Ms Martin.
2.39pm Mr Kiely to Mr Stirling.
2.44pm Mr Mills to Mr Stirling.
2.49pm Mrs Aagaard to Mr Stirling.
2.52pm Mr Wood to Mr Stirling.
2.59pm Mr Mills to Ms Martin.
3.03pm Ms Lawrie to Ms Martin.
3.08pm Mr Dunham to Mr Stirling.
3.11pm Mr Bonson to Dr Burns.
3.17pm Mr Burke to Dr Burns.
3.18pm Mr McAdam to Dr Toyne.
3.21pm Mr Burke to Dr Burns.
3.24pm Mr Wood to Dr Toyne.
3.26pm Mr Kiely to Mr Ah Kit.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
15. ESTIMATES COMMITTEE, APPOINTMENT OF ESTIMATES COMMITTEE AND GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE – MOTIONS AGREED TO:
The Order of the Day having been read for the resumption of debate on the question, suspended earlier this day – That the Assembly appoint an Estimates Committee and a Government Owned Corporations Scrutiny Committee pursuant to the terms circulated to Members –
Debate resumed.
The Member for Drysdale (Mr Dunham) moved the following amendment to the motion –
Insert after Part F of the motion relating to the appointment of an Estimates Committee at the end of paragraph 27 the words –
“If the question is able to be answered using the knowledge of advisors or written prepared briefs it shall be given at the hearing and not taken on notice”.
Debate ensued.
Question – That the amendment be agreed to - put and negatived.
Main question – debate continued.
The Member for Nelson (Mr Wood) moved the following amendment to the motion as follows–
Insert new clause 27A as follows -
“That written questions can be given in advance and submitted to the minister prior to the Estimates Committee meeting and the minister make every effort to answer these questions at the committee hearings.”.
Debate ensued.
Question – That the amendment be agreed to - put and negatived.
Main question – debate continued.
Question – put and passed.
16. AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) BILL 2004 (Serial 219):
The Order of the Day having been read for 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.
17. FISHERIES AMENDMENT BILL 2004 (Serial 216):
The Order of the Day having been read for 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.
18. TRAFFIC AMENDMENT BILL (No. 3) 2003 (Serial 200):
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)
Bill, by leave, taken as whole.
On the motion of the Minister for Transport and Infrastructure (Dr Burns) the following amendment was agreed to, after debate –
Insert after section 53(4) –
“(5) The Regulations may –
(a) make different provision in relation to –
(i) different persons or matters; or
(ii) different classes of persons or matters; or
(b) apply differently by reference to stated exceptions or factors.”.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
________________
The Assembly resumed and the Speaker took the Chair; the Chairman (Mr Wood) reported accordingly and the report was adopted.On the motion of the Minister for Transport and Infrastructure (Dr Burns) the Bill was read a third time and passed to be a proposed law.
19. CANE TOADS – SESSIONAL COMMITTEE ON ENVIRONMENT AND SUSTAINABLE DEVELOPMENT – PAPER NOTED:
The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Paper –
Debate resumed.
Question – put and passed.
20. AUDITOR-GENERAL’S MARCH 2004 REPORT TO THE LEGISLATIVE ASSEMBLY – PAPER NOTED:
The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Paper –
Debate resumed.
Question – put and passed.
21. ADJOURNMENT:
The Minister for Mines and Energy (Mr Vatskalis) moved – That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Minister for Health (Dr Toyne) laid on the Table the following Paper –
Nursing positions – Government’s Commitment to Create an Additional 75 Nursing Positions In Acute Care Within its First Term of Office As at 10 May 2004 (Paper 1300).
Debate continued.
Question – put and passed.
And the Assembly adjourned at 11.01 pm Tuesday 18 May 2004 until tomorrow at 10am.
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PAPERS:The following Papers were deemed to have been presented on Tuesday 18 May 2004 –
Annual Report:
National Environment Protection Council, 2002/2003, Erratum (Paper 1283)
Coroners Act:
In the matter of Coronial Findings and Recommendation into the Death of Mr Owen King, pursuant to section 46B, dated 3 December 2003 (Paper 1290)
Regulations 2004:
No. 10, Amendments of Legal Practitioners Regulations (Paper 1284)
No. 11, Amendments of Legal Practitioners Regulations (Paper 1285)
No. 12, Associations Regulations (Paper 1286)
No. 13, Amendments of Police Administration (Fees) Regulations (Paper 1287)
No. 14, Northern Territory Aboriginal Sacred Sites Regulations (Paper 1288)
No. 15, Amendment of Building Regulations (Paper 1289)
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ATTENDANCE:
All Members attended the sitting.
Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016