Minutes of Proceedings - 2005-02-17
1. MEETING:
2. PRAYERS.
3. MINISTERIAL REPORTS:
4. REGIONAL SITTINGS PROGRAM, ALICE SPRINGS - ROUTINE OF BUSINESS - MOTION AGREED TO:
8. DARWIN PORT CORPORATION AMENDMENT BILL 2004 (Serial 264):
Negation of common law rules relating to revival on repeal, page 165 Pearce and Geddes Statutory Interpretation in Australia, 5th edition, paragraph 6.14 (Paper 1643).
15. MEMBERS TRAVEL AND TELEPHONE EXPENSES 2004 - PAPER TABLED - PAPER PRINTED:
Annual Schedule of respective totals of Government payments on behalf of each member for satellite telephones and for mobile telephones 2004 (Paper 1649).
16. ENVIRONMENTAL PROTECTION AGENCY FOR THE NORTHERN TERRITORY, REPORT - SESSIONAL COMMITTEE ON THE ENVIRONMENT AND UNSTAINABLE DEVELOPMENT - MOTION TO NOTE REPORT:
17. ADJOURNMENT:
- The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. MINISTERIAL REPORTS:
- Women's Study Awards 2005: The Chief Minister (Ms Martin) reported on the 2005 Chief Minister's Study Awards for women to advance their education and training.
Ms Carter responded thereto.
Trades in schools: The Minister for Employment, Education and Training (Mr Stirling) reported on government's support for traditional trades apprenticeships in schools as part of an implementation strategy to skill Territorians.
Dr Lim responded thereto.
Mr Stirling responded accordingly.
Regional Crime Prevention Grants: The Minister for Justice and Attorney-General (Dr Toyne) reported on the distribution of Regional Crime Prevention Grant disbursements.
Ms Carney responded thereto.
Dr Toyne responded accordingly.
Mango season 2004: The Minister for Primary Industry and Fisheries (Mr Vatskalis) reported on the mango industry season 2004.
Mrs Miller responded thereto.
Mr Wood responded thereto.
Ministerial Reports noted, pursuant to Sessional Order.
4. REGIONAL SITTINGS PROGRAM, ALICE SPRINGS - ROUTINE OF BUSINESS - MOTION AGREED TO:
- The Leader of Government Business (Mr Henderson), pursuant to notice moved -
That unless otherwise ordered, the days and times of meeting and Routine of Business in respect of the 2005 Alice Springs regional sitting of the Assembly be as circulated to Members and detailed below -
- 1. TIMES OF MEETINGS
- The Assembly meets each day at 9.30am.
- 2. ROUTINE OF BUSINESS
- The Routine of Business shall be:
- Tuesday 22 March 2005
(i) Prayers
(ii) Petitions
(iii) Ministerial Reports
(iv) Government Business - Notices and Orders of the Day
(v) At 1.30pm, Notices
(vi) Questions
(vii) Government Business - Notices and Orders of the Day
(viii) Papers
(ix) Ministerial Statements
(x) Any proposal pursuant to Standing Order 94 - Matter of Public Importance
(xi) Adjournment
Luncheon 12 Noon to 1.30pm: Dinner 6pm to 7.30pm
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- Wednesday 23 March 2005
(i) Prayers
(ii) Petitions
(iii) Ministerial reports
(iv) Government Business - Notices and Orders of the Day
(v) Papers
(vi) Ministerial Statements
(vii) Any proposal pursuant to Standing Order 94 - Matter of Public Importance
(viii) At 7.30pm, Notices
(ix) Questions
(x) Adjournment
Luncheon 12 Noon to 1.30pm: Dinner 6pm to 7.30pm
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- Thursday 24 March 2005
(i) Prayers
(ii) Petitions
(iii) Ministerial Reports
(iv) Government Business - Notices and Orders of the Day
(v) At 1.30pm, Notices
(vi) Questions
(vii) Government Business - Notices and Orders of the Day
(viii) Papers
(ix) Ministerial Statements
(x) Any proposal pursuant to Standing Order 94 - Matter of Public Importance
(xi) Adjournment
Luncheon 12 Noon to 1.30pm
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Debate ensued.Paper tabled: Mr Henderson laid on the Table the following Paper -
- Debate continued.
Question - put and passed.
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to replace the common law rule that imposes joint and several liability for economic loss or damage to property caused by concurrent wrongdoers with rules that limit the liability of each concurrent wrongdoer to reflect the extent of the wrongdoer's responsibility for the loss or damage, and for related purposes.
Bill read a first time.
Dr Toyne moved - That the Bill be now read a second time.
Debate ensued.
Paper tabled: Dr Toyne laid on the Table the following Paper -
Debate continued.
On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act about standard time.
Bill read a first time.
Dr Toyne moved - That the Bill be now read a second time.
Debate ensued.
Paper tabled: Dr Toyne laid on the Table the following Paper -
Debate continued.
On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
- 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.
8. DARWIN PORT CORPORATION AMENDMENT BILL 2004 (Serial 264):
- 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.
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In Committee
(Chairman - Mr Wood)
In Committee
(Chairman - Mr Wood)
Clauses 1 to 17, by leave, taken together and agreed to.
Clause 18 read.
On the motion of the Minister for Transport and Infrastructure (Dr Burns) the following amendment was inserted in the Bill, after debate -
At the end insert -
- "(2) Section 48, at the end –
insert
(3) The By-laws may incorporate or adopt by reference the provisions of a document, standard, rule, specification or method formulated, issued, prescribed or published by an authority or a body –
- (a) in whole or in part, or as amended by the By-laws;
(b) as formulated, issued, prescribed or published at the time the By-laws are made or at any time before then; or
(c) as amended after the making of the By-laws, but only where the Minister has published in the Gazette a notice that the particular amendment is to be incorporated in the By-laws.".
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
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The Assembly resumed; the Acting Deputy Speaker (Ms Lawrie) resumed the Chair; the Chairman (Mr Wood) reported the Bill with amendments.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.
- 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.
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Suspension of sittings: The sittings of the Assembly was suspended between 12.05pm and 2pm.______________
- 2pm Mr Burke to Ms Martin.
2.04pm Mr Kiely to Ms Martin.
2.09pm Mr Burke to Ms Martin.
2.10pm Mrs Aagaard to Mr Henderson.
2.14pm Mr Burke to Ms Martin.
2.18pm Mr Wood to Dr Burns.
2.20pm Mr Bonson to Mr Henderson.
2.26pm Mr Burke to Ms Martin.
2.29pm Mr McAdam to Dr Toyne.
2.32pm Mr Burke to Ms Martin.
2.34pm Mr Wood to Dr Burns.
2.36pm Mr Bonson to Mr Stirling.
2.38pm Mr Burke to Ms Martin.
2.41pm Ms Lawrie to Ms Scrymgour.
2.44pm Mr Burke to Ms Martin referred to Dr Burns.
2.46pm Mr Bonson to Mr Ah Kit.
2.49pm Mr Burke to Ms Martin referred to Dr Burns.
2.51pm Ms Lawrie to Ms Scrymgour.
2.53pm Mr Burke to Ms Martin.
Member suspended: The Speaker (Mrs Braham), pursuant to Standing Order 240A, ordered the Member for Greatorex (Dr Lim) at 2.55pm to withdraw from the Chamber for a period of one hour on account of his refusal to comply with a direction of Speaker to withdraw words.
Dr Lim accordingly withdrew.
2.55pm Mr McAdam to Mr Vatskalis.
2.57pm Mr Wood to Dr Burns.
3pm Mr Burke to Ms Martin.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
- The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question - That the Bill be now read a second time -
Debate resumed.
Extension of time: On the motion of the Member for Karama (Ms Lawrie), pursuant to Standing Order 77, an extension of time was granted to the Member for Arnhem (Ah Kit).
Debate continued.
Papers tabled: The Chief Minister (Ms Martin) laid on the Table the following Papers -
Negation of common law rules relating to revival on repeal, page 165 Pearce and Geddes Statutory Interpretation in Australia, 5th edition, paragraph 6.14 (Paper 1643).
Debate continued.
Question - put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
__________________
In Committee
(Chairman - Mr Wood)
In Committee
(Chairman - Mr Wood)
Clause 1 agreed to, after debate.
Clause 2 agreed to, after debate.
Disorder arising in Committee -
The Deputy Chief Minister (Mr Stirling), pursuant to Standing Order 225, moved - That the Chairman do report progress and ask leave to sit again for consideration of the Bill at Clause 2 and report incident of disorder to the Speaker.
Question - That the motion be agreed to - put.
The Assembly divided (the Deputy Speaker, Mr G. V. Wood, in the Chair) -
AYES, 13 NOES, 10
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
Dr Toyne
Mr Vatskalis
And so it was resolved in the affirmative.
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The Assembly resumed; the Speaker (Mrs Braham) resumed the Chair; and the Chairman (Mr Wood) reported the extent of Committee consideration at Clause 2 and disorder arising in Committee of the Whole accordingly.Proposed suspension of member: The Deputy Chief Minister (Mr Stirling) moved - That the Member for Macdonnell (Mr Elferink) be suspended from the service of the Assembly.
Debate ensued.
Motion withdrawn, by leave.
Statement by Speaker: The Speaker (Mrs Braham) advised members that she would make some inquiries and report her findings later this sittings.
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The Leader of Government Business (Mr Henderson) moved - That the Assembly again resolve itself into Committee of the Whole for consideration of the Parks and Reserves (Framework for the Future) (Revival) Bill 2005 (Serial 278) at Clause 2.Question - put and passed.
The Assembly again resolved itself into Committee of the Whole for further consideration of the Bill at Clause 2.
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In Committee
(Chairman - Mr Wood)
In Committee
(Chairman - Mr Wood)
Reconsideration of Clause 2.
Clause 2 agreed to.
Clause 3 agreed to, after debate.
Clause 4 agreed to, after debate.
Clause 5 agreed to.
Clause 6 agreed to, after debate.
Clause 7 agreed to, after debate.
Clause 8 agreed to, after debate.
Clause 9 agreed to, after debate.
Bill as printed agreed to.
Bill to be reported without amendment.
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The Assembly resumed; the Speaker (Mrs Braham) resumed the Chair; the Chairman (Mr Wood) reported the Bill without amendment.And the Report was adopted.
On the motion of the Minister for Indigenous Affairs (Ms Martin) the Bill was read a third time and passed to be a proposed law.
- The Speaker advised Members of her deliberation into the incident of disorder arising in Committee of the Whole consideration of the Parks and Reserves (Framework for the Future) (Revival) Bill 2005 (Serial 278).
Member suspended: The Speaker (Mrs Braham), pursuant to Standing Order 240A, ordered the Member for Johnston (Dr Burns) at 6.50pm to withdraw from the Chamber for a period of one hour on account of his disorderly behaviour during discussion of the previous item of business.
Dr Burns accordingly was absent and absented himself from the Chamber accordingly.
Member named and suspended: The Speaker (Mrs Braham) thereupon,
named the Member for Macdonnell (Mr Elferink) for his disorderly conduct during the previous item of business.
The Leader of Government Business (Mr Henderson) thereupon moved - That the Member for Macdonnell (Mr Elferink) be suspended from the service of the Assembly for a period of 24 hours, pursuant to Standing Order 241.
Question - put and passed.
The Member for Macdonnell (Mr Elferink) was therefore suspended at 6.50pm for 24 hours, and was absent from the Chamber and absented himself accordingly.
- 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.
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In Committee
(Deputy Chair - Ms Lawrie)
In Committee
(Deputy Chair - Ms Lawrie)
Clause 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Chief Minister (Ms Martin) the following amendment was agreed to -
- In proposed section 22(1), omit from the definition of "traditional Aboriginal owners", paragraph (b) –
substitute
- "(b) if there is no person to whom paragraph (a) applies – the person or persons who, by Aboriginal tradition, are responsible for making decisions about the park or reserve.".
Clause 4, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
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The Assembly resumed; the Speaker (Mrs Braham) resumed the Chair; the Deputy Chair (Ms Lawrie) reported the Bill with an amendment.And the Report was adopted.
On the motion of the Minister for Indigenous Affairs (Ms Martin) the Bill was read a third time and passed to be a proposed law.
- The Chairman of the Standing Orders Committee (Mr Henderson) tabled the Standing Orders Committee Fourth Report of the 9th Assembly relating to video conferencing, Amendments to motions, Explanatory Statements to Bills and Procedural options dealing with allegations against non-Members (Paper 1645).
Mr Henderson moved - That the Report be Printed.
Question - put and passed.
Mr Henderson move - That the Assembly adopt the Report.
Debate ensued.
Leave granted for Mr Henderson to continue his remarks at a later hour.
15. MEMBERS TRAVEL AND TELEPHONE EXPENSES 2004 - PAPER TABLED - PAPER PRINTED:
- The Speaker laid on the Table a Report by the Department of the legislative Assembly, pursuant to paragraphs 5.19 and 8.8 of the Remuneration Tribunal Determination No. 1 of 2004 containing -
Annual Schedule of respective totals of Government payments on behalf of each member for satellite telephones and for mobile telephones 2004 (Paper 1649).
The Leader of Government Business (Mr Henderson) moved - That the Paper be printed.
Question - put and passed.
16. ENVIRONMENTAL PROTECTION AGENCY FOR THE NORTHERN TERRITORY, REPORT - SESSIONAL COMMITTEE ON THE ENVIRONMENT AND UNSTAINABLE DEVELOPMENT - MOTION TO NOTE REPORT:
- The Chair of the Sessional Committee on the Environment (Ms Lawrie) laid on the Table a Report into the Efficacy of Establishing an Environmental Protection Agency in the Northern Territory, Volume I (Paper 1646); Written Submissions, Volume II (Paper 1647); and Hansard Transcripts of public meetings, Volume III (Paper 1648).
Ms Lawrie moved - That the Report be Printed.
Question - put and passed.
Ms Lawrie moved - That the Assembly take note of the Report.
Debate ensued.
Extension of time: On the motion of the Member for Arafura (Ms Scrymgour) an extension of time was granted to the Member for Karama (Ms Lawrie), pursuant to Standing Order 77.
Debate continued.
On the motion of the Member for Port Darwin (Ms Carter) debate was adjourned.
17. ADJOURNMENT:
- The Minister for Family and Community Services (Ms Scrymgour) moved – That the Assembly do now adjourn.
Debate ensued.
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Next meeting: The Minister for Family and Community Services (Ms Scrymgour), by leave, moved - That the Assembly at its rising on Thursday 17 February 2005 adjourn until Tuesday 22 March 2005 at 9.30am at the Alice Springs Convention Centre or such other time and/or date and/or place as may be set by the Speaker, pursuant to Sessional Order. Question - put and passed.
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Debate continued.
Paper tabled: The Minister for Justice and Attorney-General (Dr Toyne) laid on the Table the following Papers -
Debate continued.
Question – put and passed.
And the Assembly adjourned at 9.26am, until Tuesday 22 March 2005 at 9.30am at the Alice Springs Convention Centre or such other time and/or date and/or place as may be set by the Speaker, pursuant to Sessional Order.
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- PAPERS:
The following Papers were deemed to have been presented on Thursday, 17 February 2005 –
Annual Reports:
Mental Health Review Tribunal, 2003/2004 (Paper 1640)
National Transport Commission, 2003/2004 (Paper 1639)
Northern Territory Legal Aid Commission, 2003/2004 (Paper 1641)
Public Trustee for the Northern Territory, 2003/2004 (Paper 1642)
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- ATTENDANCE:
All Members attended the sitting.
- Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016