Minutes of Proceedings - 2004-02-24
1. MEETING:
The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. SPEAKER’S WARRANT:
4. MINISTERIAL REPORTS:
9. LIQUOR AMENDMENT BILL (No. 4) 2003 (Serial 193):
13. TREASURER’S MID-YEAR REPORT 2003/2004 – PAPER TABLED – MOTION TO NOTE REPORT:
15. ADJOURNMENT:
The Assembly met at 10am. 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 Mrs Jane Aagaard to act as Deputy Chairman of Committees when requested so to do by the Chairman of Committees, pursuant to Standing Order 12. (Paper 1210)
4. MINISTERIAL REPORTS:
- Iraqi troop training: The Chief Minister (Ms Martin) reported on Australian Defence Force training of a standing army battalion of Iraqi troops.
Mr Burke responded thereto.
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Distinguished visitor: The Speaker advised Members of the presence in the Speaker’s Gallery of the former Member for Macdonnell (Mr Bell) and on behalf of all Members extended a warm welcome to the distinguished visitor. ____________
Clinical Reference Groups: The Minister for Health (Dr Toyne) reported on the establishment of Clinical Reference Groups for areas of health practise in renal care, palliative care and critical care. Ms Carter responded thereto.
Dr Toyne responded accordingly.
Indigenous Governance Conference: The Minister Community Development (Mr Ah Kit) reported on indigenous governance development in community regions.
Mr Elferink responded thereto.
Mr Wood responded thereto.
Mr Ah Kit responded accordingly.
Port Keats (Wadeye): The Chief Minister (Ms Martin) reported on positive and innovative ways to improve community services in the region; the high number of welfare dependants.
Mr Baldwin responded thereto.
Ms Martin 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 a second time –
Debate resumed.
Question – put and passed.
Bill was read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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In Committee
(Deputy Chairman – Ms Lawrie)
In Committee
(Deputy Chairman – Ms Lawrie)
Clauses 1 to 14, by leave, taken together and agreed to, after debate.
Clause 15 read.
On the motion of Mr Stirling the following amendment was agreed to, after debate.
Omit paragraph (b) and insert –
(b) by omitting subsection (2) and substituting the following:
"(2) The objection may only be made on the ground that the grant of the licence, variation of conditions, substitution of other premises or material alteration may or will adversely affect –
- (a) the amenity of the neighbourhood where the premises the subject of the application are or will be located; or
(b) health, education, public safety or social conditions in the community."
On the motion of Mr Stirling the following further amendment was moved - Insert after paragraph (b) the following –
- (ba) by omitting subsection (3)(c), (d) and (e) and substituting the following:
"(c) a member or employee of the Police Force acting in that capacity;
- (d) a member or employee of the Fire and Rescue Service within the meaning of the Fire and Emergency Act acting in that capacity;
- (e) an Agency or public authority that performs functions relating to public amenities, including health, education and public safety;".
Debate ensued.
Mr Wood moved the following amendment to the amendment.
Add at the end of proposed clause (ba) -
- “(f) a member of the public.”.
Debate ensued on the amendment moved by Mr Wood.
Amendment moved by Mr Wood to the amendment of Mr Stirling, negatived.
Amendment moved by Mr Stirling, agreed to.
Clause 15, as amended, agreed to.
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Suspension of sittings: The sittings of the Assembly was suspended between 12.22 pm and 2.15 pm._______________
- The following Notices were given:
Mr Stirling: To present the Racing and Betting Amendment Bill 2004 (Serial 207).
Mr Stirling: To present the Unlawful Betting Amendment Bill 2004 (Serial 208).
Mr Stirling: To move – That so much of Standing Orders be suspended as would prevent the Racing and Betting Amendment Bill 2004 (Serial 207) and Unlawful Betting Amendment Bill 2004 (Serial 208) –
(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
(c) the consideration of the Bills separately in the Committee of the Whole.
Mr Stirling: To present the Stamp Duty Amendment Bill 2004 (Serial 211).
Mr Stirling: To move - That so much of Standing Orders be suspended as would prevent the First Home Owner Grant Amendment Bill 2004 (Serial 210) and Stamp Duty Amendment Bill 2004 (Serial 211) –
(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
(c) the consideration of the Bills separately in the Committee of the Whole.
Ms Carney: To present the Evidence Amendment Bill 2004 (Serial 209).
- The Speaker advised of the appropriate requirements for the making of Personal Explanations by Members and that codes of behaviour were entirely in the hands of each individual Member, in the following terms -
- I refer to the matters raised by the Member for Drysdale in his adjournment speech on Thursday, 19 February 2004. In that speech the Member for Drysdale noted that he had discussed with me his intention to make a personal explanation, pursuant to Standing Order 57, subject to an agreement by me to make particular observations in prefacing his proposed personal explanation.
Whilst I am aware that the member should have the opportunity to make a personal explanation in respect of various matters of his concern, I am also aware of the provision of Standing Order 57 in particular that such matters may not be debated. It is certainly not my intention to justify any member’s actions, regardless of events that occur in this Chamber. The only person in this Chamber responsible for your behaviour is you, the member involved. It should not be necessary to remind members that personal references not only lower the standard of debate, but will frequently provoke retaliation leading to disorder in the Assembly. Such behaviour seriously diminishes the status of the Assembly in the estimation of the community.
Following the events of Tuesday, 17 February 2004, I advise honourable members that I convened a meeting with the Leader of the Opposition, the Leader of Government Business, and the Opposition and Government Whips, with a view to reaching an agreement for the communication of arrangements in respect of programming, speakers lists and related matters for the purpose of efficiently and effectively transacting the business of the Assembly.
At that meeting, a general agreement was reached that these matters would be addressed in a spirit of cooperation. I trust that these arrangements will go a long way to preventing a repeat of the events of Tuesday of last week.
It is not my intention to inhibit robust debate in the Chamber. However, I urge all members to exercise their privilege of freedom of speech with responsibility and to maintain moderate language towards members in the Assembly.
- 2.19pm Mr Maley to Dr Burns.
2.21pm Mr Bonson to Mr Stirling.
2.26pm Mr Elferink to Dr Burns.
2.27pm Mrs Aagaard to Mr Henderson.
2.32pm Mr Wood to Dr Burns.
2.33pm Mr Maley to Dr Burns.
2.34pm Ms Lawrie to Dr Toyne.
2.36pm Mr Elferink to Dr Burns.
2.37pm Mr McAdam to Ms Martin.
2.42pm Mr Maley to Dr Burns.
2.43pm Mr Kiely to Mr Ah Kit.
2.47pm Mr Maley to Dr Burns.
Paper tabled: The Member for Goyder (Mr Maley), by leave, laid on the Table the following Paper -
2.49pm Mr Bonson to Mr Stirling.
2.53pm Mr Wood to Mr Stirling.
2.56pm Mr Elferink to Dr Burns.
2.58pm Ms Lawrie to Mr Vatskalis.
3.01pm Mr Maley to Dr Burns.
3.02pm Mr McAdam to Dr Burns.
3.05pm Mr Maley to Dr Burns.
3.06pm Mrs Aagaard to Dr Toyne.
3.13pm Mr Maley to Dr Burns.
3.15pm Ms Lawrie to Ms Scrymgour.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
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Visitor: The Speaker advised Members of the presence in the public gallery of Ms Belinda Bell and on behalf of all Members extended a warm welcome to the visitor. ______________
9. LIQUOR AMENDMENT BILL (No. 4) 2003 (Serial 193):
- The Order of the Day having been read for the resumption of consideration of the Bill, suspended earlier this day, in Committee of the Whole –
New Clause 15A.
On the motion of Mr Stirling the following new clause 15A was inserted in the Bill, after debate.
- 15A. Decision on whether objection to proceed to hearing
Section 47I of the Principal Act is amended by omitting subsection (3)(c)(i) and substituting the following:
- "(i) dismiss the objection if satisfied that the objection –
- (A) is of a frivolous, irrelevant or malicious nature; or
- (B) does not describe circumstances that may or will adversely affect the amenity of the neighbourhood or health, education, public safety or social conditions in the community; or".
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
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The Speaker (Mrs Braham) resumed the Chair, the Deputy Chairman (Mrs Lawrie) reported accordingly and the report was adopted.The Minister for Racing, Gaming and Licensing (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.
- 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 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 Assembly take note of the of the Statement –
Debate resumed.
On the motion of the Leader of Government Business (Mr Henderson) debate was adjourned.
- The Speaker laid on the Table the Report of the Auditor-General to the Legislative Assembly on the Analysis of the 2002/2003 Treasurer’s Annual Financial Statement. (Paper 1211)
The Leader of Government Business (Mr Henderson) moved – That the Report be printed.
Question – put and passed.
Mr Henderson moved – That the Assembly take note of the Report and that he have leave to continue his remarks at a later hour.
Leave granted – debate adjourned.
13. TREASURER’S MID-YEAR REPORT 2003/2004 – PAPER TABLED – MOTION TO NOTE REPORT:
- The Treasurer (Mr Stirling) laid on the Table the Treasurer’s Mid –Year Report 2002/2003 on the fiscal outlook for the Northern Territory. (Paper 1213)
Mr Stirling made a statement relating thereto.
Mr Stirling moved – That the Assembly take note of the Report and that he have leave to continue his remarks at a later hour.
Leave granted – debate adjourned.
- The Minister for Sport and Recreation (Mr Ah Kit) made a statement relating to the development of an overarching sports policy to reflect the challenges and opportunities to build a future for Territory sport.
Mr Ah Kit moved – That the Assembly take note of the Statement.
Debate ensued.
Extension of time: On the motion of the Member for Millner (Mr Bonson) moved – That the Member for Sanderson (Mr Kiely) be granted and extension of time, pursuant to Standing Order 77.
Debate continued.
Extension of time: On the motion of the Member for Karama (Ms Lawrie) moved – That the Member for Millner (Mr Bonson) be granted and extension of time, pursuant to Standing Order 77.
Debate continued.
Paper tabled: the Minister fro Sport and Recreation (Mr Ah Kit) laid on the Table the following Paper –
- Debate continued.
Question – put and passed.
15. ADJOURNMENT:
- The Minister for Business and Industry (Mr Henderson) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 10.26 pm until Wednesday 25 February 2004 at 10 am.
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- PAPERS:
The were no Papers deemed to have been presented on Tuesday 24 February 2004.
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- ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016