Minutes of Proceedings - 2004-02-25
1. MEETING:
2. PRAYERS.
3. VISITORS:
4. MINISTERIAL REPORTS:
6. FIRST HOME OWNER GRANT AMENDMENT BILL 2004 (Serial 210) and STAMP DUTY AMENDMENT BILL 2004 (Serial 211):
Acting unlawfully and contravening section 12 of the Planning Act;
Using his power as the Minister for Planning to act unlawfully in an unprecedented way for political gain;
Undermining both business and community confidence in the Northern Territory Planning Scheme;
Creating unrealistic expectations and misleading Territorians who live in the northern suburbs;
Scheming to undermine the integrity of the planning process by instigating an application to amend the Northern Territory Planning Scheme, which was outside the proper purposes of the Planning Act and not on a proper basis;
Threatening the integrity and reputation of the Northern Territory as an attractive place for investment;
As Planning Minister, acting in a dishonest manner and in so doing threatening the integrity of good governance of the Northern Territory;
Failing to observe the rules of natural justice and failing to provide proper documentation to all concerned parties; and
by this conduct, he has abused his ministerial powers in such a manner and thus demonstrated he cannot be relied upon to carry ministerial responsibility on behalf of Territorians and should be removed from office.
Letter, Chris Humphries, Acting Manager Urban Planning to Ms Helina Chan Ling Lam re Proposed NT Planning Scheme Amendment – Lots 9666, 9665, 9345, 9346, 9347, 9348, 9349 and 7234 Trower Road and Undoolya Street, Town of Nightcliff, dated 6 October 2003 (Paper 1218); and
Letter, Mr F J van der Sommen to Minister for Lands and Planing (Mr Vatskalis) re Undoolya Street and Trower Road area rezoning R3 to R2, dated 28 July 2003 - application to amend Planning Scheme attached (Paper 1216).
15. CRIME PREVENTION – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
Court Outcomes for Aggravated Property Offences, NT Quarterly Crime and Justice Statistics, Issue 5, September Quarter 2003 (Paper 1221);
Letter, Mike to Minister for Housing, Mr Ah Kit, February 2004 (Paper 1222); and
Toyne walks on the wild side, article by Gavin King, Centralian Advocate (Paper 1223).
16. ADJOURNMENT:
- The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. VISITORS:
- The Speaker advised Members of the presence in the public galleries of Year 6/7 students from Stuart Park Primary School accompanied by their teacher Ms Marina Goff.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
4. MINISTERIAL REPORTS:
- Darwin City Waterfront Project: The Chief Minister (Ms Martin) reported on the proposed $600 million 25 hectare Darwin City Waterfront development.
Mr Mills responded thereto.
Ms Martin responded accordingly.
Palliative Care Services: The Minister for Health (Dr Toyne) reported on the government program for palliative care and respite services for the Territory.
Ms Carter responded thereto.
Dr Toyne responded accordingly.
Fuel, Bulk Storage Facilities, relocation: The Minister for Lands and Planning (Dr Burns) reported on the transfer of bulk fuel facilities adjacent to the Darwin Central Business District to East Arm Port.
Mr Burke responded thereto.
Mr Wood responded thereto.
Dr Burns responded accordingly.
Respite Care for Families: The Minister for Family and Community Services (Ms Scrymgour) reported on the establishment of a “Breathing Space” program to provide respite care to families.
Ms Carter responded thereto.
Ministerial Reports noted pursuant to Sessional Order.
- Suspension of Standing Orders – take two Bills together: The Minister for Racing, Gaming and Licensing (Mr Stirling), pursuant to notice, moved – That so much of Standing Orders be suspended as would prevent Bills entitled – 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
- (b) the consideration of the Bills separately in the Committee of the Whole.
Question – put and passed.
Mr Stirling, pursuant to notice and resolution, presented a Bill for an Act to amend the Racing and Betting Act and a Bill for an Act to amend the Unlawful Betting Act.
Bills read a first time.
Mr Stirling moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Member for Greatorex (Dr Lim) debate was adjourned.
6. FIRST HOME OWNER GRANT AMENDMENT BILL 2004 (Serial 210) and STAMP DUTY AMENDMENT BILL 2004 (Serial 211):
- Suspension of Standing Orders – take two Bills together: The Treasurer (Mr Stirling), pursuant to notice moved, - 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
Question put and passed.
Mr Stirling, pursuant to notice and resolution, presented a Bill for an Act to amend the First Home Owner Grant Act and a Bill for an Act to amend the Stamp Duty Act.
Bills read a first time.
Mr Stirling moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Member for Blain (Mr Mills) debate was adjourned.
- The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Report -
Debate resumed.
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Visitors: The Speaker advised Members of the presence in the public galleries of Year 6/7 students from Stuart Park Primary School. On behalf of all Members the Speaker extended a warm welcome to the visitors. _____________
Debate continued.Question – put and passed.
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Suspension of sittings: The sittings of the Assembly was suspended between 11.57 am and 2pm.
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- The following notices were given to present Bills on the next General Business Day:
Mr Elferink: To present the Criminal Code Amendment Bill 2004 (Serial 212).
Mr Elferink: To present the Police Administration Amendment Bill 2004 (Serial 213).
Mr Elferink: To present the Summary Offences Amendment Bill 2004 (Serial 214).
- 1.59pm Mr Mills to Dr Burns.
2.01pm Mr Bonson to Mr Stirling.
2.05pm Mr Maley to Dr Burns.
2.07pm Mr McAdam to Mr Vatskalis.
2.10pm Mr Wood to Dr Burns.
2.12pm Mr Mills to Dr Burns.
2.14pm Ms Lawrie to Ms Martin.
2.19pm Mr Maley to Dr Burns.
2.21pm Mr McAdam to Mr Ah Kit.
2.27pm Mr Mills to Mr Vatskalis.
2.30pm Mr Kiely to Dr Toyne.
2.32pm Mr Mills to Ms Martin.
2.35pm Mrs Aagaard to Dr Toyne.
2.38pm Mr Wood to Mr Vatskalis.
The Leader of the Opposition (Mr Mills) in moving a motion to Suspend Standing Orders to censure the Member for Casuarina (Mr Vatskalis) –
The Leader of Government Business (Mr Henderson) informed the Assembly that the Government accepted the motion as a censure motion, pursuant to Standing Order 95.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
- The Leader of the Opposition (Mr Mills) thereupon moved – That the Assembly –
1. Censure and condemn the former Planning Minister, the Member for Casuarina for –
Acting unlawfully and contravening section 12 of the Planning Act;
Using his power as the Minister for Planning to act unlawfully in an unprecedented way for political gain;
Undermining both business and community confidence in the Northern Territory Planning Scheme;
Creating unrealistic expectations and misleading Territorians who live in the northern suburbs;
Scheming to undermine the integrity of the planning process by instigating an application to amend the Northern Territory Planning Scheme, which was outside the proper purposes of the Planning Act and not on a proper basis;
Threatening the integrity and reputation of the Northern Territory as an attractive place for investment;
As Planning Minister, acting in a dishonest manner and in so doing threatening the integrity of good governance of the Northern Territory;
Failing to observe the rules of natural justice and failing to provide proper documentation to all concerned parties; and
by this conduct, he has abused his ministerial powers in such a manner and thus demonstrated he cannot be relied upon to carry ministerial responsibility on behalf of Territorians and should be removed from office.
- 2. This Assembly censure the Chief Minister, who was informed of the Member for Casuarina’s actions, for her failure to halt his unlawful conduct.
Debate ensued.
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Statement by Speaker: The Speaker advised Members, pursuant to Standing Order 62, that the words used in an interjection by the Leader of Government Business (Mr Henderson) were highly disorderly and accordingly were to be discharged from the Parliamentary Record and Daily Hansard. _______________
Debate continued.Papers tabled: The Minister for Mines and Energy (Mr Vatskalis) laid on the Table the following Papers –
Letter, Chris Humphries, Acting Manager Urban Planning to Ms Helina Chan Ling Lam re Proposed NT Planning Scheme Amendment – Lots 9666, 9665, 9345, 9346, 9347, 9348, 9349 and 7234 Trower Road and Undoolya Street, Town of Nightcliff, dated 6 October 2003 (Paper 1218); and
Letter, Mr F J van der Sommen to Minister for Lands and Planing (Mr Vatskalis) re Undoolya Street and Trower Road area rezoning R3 to R2, dated 28 July 2003 - application to amend Planning Scheme attached (Paper 1216).
Debate continued.
Question – That the question be now put – put and passed.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 10 NOES, 13
Mr Baldwin Mrs Aagaard
Mr Burke Mr Ah Kit
Ms Carney Mr Bonson
Ms Carter Dr Burns
Mr Dunham Mr Henderson
Mr Elferink Mr Kiely
Dr Lim Ms Lawrie
Mr Maley Ms Martin
Mrs Miller Mr McAdam
Mr Mills Ms Scrymgour
Mr Stirling
Dr Toyne
Mr Vatskalis
Motion negatived accordingly.
- The Leader of Government Business (Mr Henderson) moved – That Government Business, Order of the Day No. 2 relating to debate on the Remuneration Tribunal Report and Determination No. 1 of 2003 be postponed until the next sitting day.
Question – put and passed.
- The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Statement –
Debate resumed.
Question – put and passed.
- The Order of the Day having been read for the resumption of debate on the question – That the Bills be now read a second time.
Debate resumed.
Question – put and passed.
Bills read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
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In Committee
(Chairman – Mr Wood)
In Committee
(Chairman – Mr Wood)
Electoral Bill 2003 (Serial 195):
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of the Chief Minister (Ms Martin) the following amendment was agreed to, after debate.
- Omit the definition of "eligible political party" and substitute –
‘"eligible political party" means a political party that –
(a) is registered under the Commonwealth Act; or
(b) is established on the basis of a written constitution (however described) that states the party's aims and has at least 200 members who are –
- (i) electors;
(ii) members under the party's constitution; and
(iii) not members of a registered party or another political party applying for registration;’.
Clause 3, as amended, agreed to.
Clauses 4 to 18, by leave, taken together and agreed to, after debate.
Clause 19 read.
On the motion of Ms Martin the following amendment was agreed to, after debate.
Omit subclause (3)(a) and substitute –
“(a) to the extent it is necessary for the person to do the thing –
- (i) for this Act; or
(ii) for the proper conduct of an election under the Local Government Act; or”.
Clauses 20 to 81, by leave, taken together and agreed to.
Clause 82 read.
On the motion of Ms Martin the following amendment was agreed to, after debate.
Omit from paragraph (b) “and any scrutineer who wishes to attend”.
Clause 82, as amended, agreed to.
Clauses 83 to 86, by leave, taken together and agreed to.
Clause 87 read.
The Member for Macdonnell (Mr Elferink), by leave, moved the following amendments together.
Omit from subclause (2)(b) “a nominee of the voter or, if there is no nominee,”.
Omit from subclause (3) “assistant may enter a voting compartment to assist a voter to vote, but an officer must not do so except” and substitute “officer may enter a voting compartment to assist a voter to vote only”.
Omit from subclause 4 “assistant” and substitute “officer”.
Debate ensued.
Amendments negatived.
Clause 87, as printed, agreed to.
Clauses 88 to 151, by leave, taken together and agreed to.
Clause 152 read.
On the motion of Ms Martin the following amendment was agreed to, after debate.
Omit subclauses (2)(e), (f), (g) and (h) and substitute –
- “(e) be accompanied by –
- (i) a statutory declaration by the secretary stating the person nominated to be the registered officer of the party is qualified to be an elector;
(ii) a copy of the party's constitution; and
(iii) the application fee of $500.”.
On the motion of Ms Martin the following further amendment was agreed to, after debate.
Omit subclause (3) and substitute –
- “(3) If the application is made by a political party that is registered under the Commonwealth Act, the application must also be accompanied by a statutory declaration by the secretary stating details of the party's registration under that Act.
(4) If the application is made by another political party, the application must also be accompanied by –
- (a) a statutory declaration by the secretary stating at least 200 members of the political party are –
(i) electors;
(ii) members under the party's constitution; and
(iii) not members of another registered party or of a political party applying for registration; and
(b) a list, in a form decided by the Commission, of the names and postal addresses of at least 200 members of the political party who meet the requirements in paragraph (a).
Clause 153 agreed to.
Clause 154 read.
On the motion of Ms Martin the following amendment was agreed to, after debate.
Omit subclause (2) and substitute –
“(2) However, if the application is made by a political party to which section 152(4) applies, the Commission must not give public notice of the application until the Commission has obtained statements from at least 200 members who are electors stating they are members of the political party.”.
Clauses 155 to 157, by leave, taken together and agreed to.
Clause 158 read.
On the motion of Ms Martin the following amendment was agreed to, after debate.
Omit subclause (1) and substitute –
- “(1) The Commission must refuse the application if –
- (a) the person nominated in the application to be the registered officer of the party is not qualified to be an elector or is the registered officer of a registered party; or
(b) for a party to which section 152(4) applies – the Commission reasonably believes the party does not have at least 200 members who meet the requirements in section 152(4)(a).”.
Clause 158, as amended, agreed to.
Clauses 159 and 160, by leave, taken together and agreed to.
Clause 161 read.
On the motion of Ms Martin the following amendment was agreed to, after debate.
Omit subclause (3)(b).
On the motion of Ms Martin the following further amendment was agreed to, after debate.
Insert after subclause (3)(e) –
- “(f) for a party registered on an application to which section 152(4) applies – the party has ceased to have at least 200 members who meet the requirements in section 152(4)(a).”.
On the motion of Ms Martin the following further amendment was agreed to, after debate.
Insert after subclause (3) –
- “(4) The Commission must cancel the registration of a party registered on an application to which section 152(3) applies if the party ceases to be registered under the Commonwealth Act.”.
Clauses 162 to 272, by leave, taken together and agreed to.
Clause 273 read.
On the motion of Ms Martin the following amendment was agreed to, after debate.
Omit the definition of “address” in subclause (4) and substitute –
- ‘ "address", of the author of an electoral article, means –
- (a) if the author is the registered officer of registered party – the party's address;
(b) if the author is the proprietor of a newspaper or an employee of the proprietor of a newspaper – the proprietor's business address; or
(c) otherwise – the street name (if any) and locality of the author's residence;’
Remainder of the Bill, leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Electoral (Consequential Amendments) Bill 2003 (Serial 196):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
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The Speaker assumed the Chair; the Chairman (Mr Wood) reported accordingly and the report was adopted.
The Chief Minister (Ms Martin) 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 Minister for Racing, Gaming and Licensing (Mr Stirling) presented the Northern Territory Alcohol Framework, Interim Report dated February 2003 (Paper 1219).
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.
15. CRIME PREVENTION – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
- The Minister for Justice and Attorney-General (Dr Toyne) made a statement relating to the status of the government’s crime prevention programs.
Dr Toyne moved – That the Assembly take note of the Statement.
Debate ensued.
Paper tabled: The Member for Araluen (Ms Carney), by leave, laid on the Table the following Paper –
Court Outcomes for Aggravated Property Offences, NT Quarterly Crime and Justice Statistics, Issue 5, September Quarter 2003 (Paper 1221);
Letter, Mike to Minister for Housing, Mr Ah Kit, February 2004 (Paper 1222); and
Toyne walks on the wild side, article by Gavin King, Centralian Advocate (Paper 1223).
Debate continued.
Extension of time: On the motion of the Member for Macdonnell (Mr Elferink) the Member for Araluen (Ms Carney) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
And the Assembly having sat until 12 midnight
Debate continued.
The Minister for Justice and Attorney-General (Dr Toyne) moved – That the debate be adjourned.
Question – put and passed.
Debate adjourned.
16. ADJOURNMENT:
- The Minister for Justice and Attorney-General (Dr Toyne) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 1.24am, 26 February 2004 until this day at 10am.
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- PAPERS:
The were no Papers deemed to have been presented on Wednesday 25 February 2004.
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- ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016