Minutes of Proceedings - 2004-02-18
1. MEETING:
2. PRAYERS.
3. STATEMENT BY SPEAKER – SITTINGS COMMENCEMENT:
4. PETITION:
5. MINISTERIAL REPORTS:
8. LOCAL GOVERNMENT AMENDMENT BILL 2003 (Serial 176):
13. TREASURER’S ANNUAL FINANCIAL REPORT 2002/2003 – REPORT NOTED:
14. ORDER OF BUSINESS:
15. PUBLIC ACCOUNTS COMMITTEE, ANNUAL REPORT 2002/2003 – REPORT NOTED:
16. BUILDING TERRITORY TRADE, DELIVERING TRADE OUTCOMES – MINISTERIAL STATEMENT – STATEMENT NOTED:
- The Assembly met at 10 am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. STATEMENT BY SPEAKER – SITTINGS COMMENCEMENT:
- The Speaker advised Members that due to the Bombing of Darwin Commemoration on 19 February 2004, sittings of the Parliament would now commence at 12 Noon tomorrow.
4. PETITION:
- The Member for Katherine (Mrs Miller) presented petition No. 52 from 285 petitioners requesting the Assembly to persuade Great Southern Railway to rename the “Steve Irwin” locomotive that powers the train from Alice Springs to Darwin. (Paper 1199)
Petition read.
5. MINISTERIAL REPORTS:
- Police Force Plan, O’Sullivan Report: The Minister for Police, Fire and Emergency Services (Mr Henderson) reported on the progress in Building Our Police Force Plan initiated by government arising from the O’Sullivan Report.
Mr Elferink responded thereto.
Mr Henderson responded accordingly.
Sweetpea Petroleum Exploration Pty Ltd, Permits: The Minister for Mines and Energy (Mr Vatskalis) reported on the formal signing of the exploration permits with Sweetpea Petroleum.
Mr Mills responded thereto.
Mr Vatskalis responded accordingly.
East Arm Leprosarium: The Minister for Heritage and Environment (Ms Scrymgour) reported on a development to be used as a memorial to recognise the heritage value of the former leprosarium site, staff and patients.
Mr Baldwin responded thereto.
Mr Wood responded thereto.
Ministerial Reports noted, pursuant to Sessional Order.
- The Member for Port Darwin (Ms Carter) made a personal explanation of the agreement made between respective Whips for the number of Members speaking to the Ministerial Statement on Health, yesterday.
- The Minister for Justice and Attorney-General (Dr Toyne). pursuant to notice, presented a Bill for an act to amend the Consumer Affairs and Fair Trading Act.
Bill read a first time.
Dr Toyne moved – That the Bill be now read a second time.
Debate ensued
On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
8. LOCAL GOVERNMENT AMENDMENT BILL 2003 (Serial 176):
- 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 sitting: The sittings of the Assembly was suspended between 11.47am and 2pm.–––––––––––––
Visitors: The Speaker acknowledged the presence in the public galleries of high school students who received state awards from the Rio Tinto Australian Science Olympiad. Present are Amy Colbert, Andy Casseeram, Adam Davis, Joshua Hamil and Cameron McDonald from St Phillip’s in Alice Springs; Steven Highet and Rebecca McLellan of Katherine High School; Sarah-Jane Matthews of Kormilda College; and Cassandra Pearce of Casuarina Secondary College. On behalf of all Members a warm welcome was extended to the visitors by the Speaker.- The following notices were given:
Dr Toyne: To present the Radiation Protection Bill 2004 (Serial 203).
Mr Henderson: To present the Fire and Emergency Amendment Bill 2004 (Serial 202).
Mr Ah Kit: To present the Animal Welfare Amendment Bill 2004 (Serial 204).
- The Leader of Government Business (Mr Henderson) moved – That leave of absence be granted to the Chief Minister (Ms Martin) this day on account of ill health.
Question – put and passed.
- 2.02pm Mr Mills to Mr Stirling.
2.04pm Mr McAdam to Mr Henderson.
2.07pm Dr Lim to Mr Stirling
2.11pm Mr Kiely to Dr Toyne.
2.13pm Mr Wood to Mr Ah Kit.
2.17pm Mr Mills to Mr Stirling.
2.18pm Ms Lawrie to Mr Vatskalis.
2.22pm Mr Mills to Mr Stirling.
2.25pm Mr Bonson to Mr Stirling.
2.28pm Mr Mills to Mr Stirling.
2.32pm Ms Lawrie to Mr Stirling.
2.37pm Mr Wood to Mr Stirling.
2.39pm Mr Elferink to Mr Stirling.
Paper tabled: The Minister for Employment, Education and Training (Mr Stirling) laid on the Table the following Paper –
2.41pm Mrs Aagaard to Dr Burns.
2.47pm Mr Mills to Mr Stirling.
2.50pm Ms Lawrie to Mr Henderson.
2.57pm Mr Mills to Mr Stirling.
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.
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 Chairman - Ms Lawrie)
In Committee
(Deputy Chairman - Ms Lawrie)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of Mr Ah Kit the following amendment was agreed to, after debate.
Omit from paragraph (b), “section 142(1)(a)” and insert in its stead “section 142(1)”.
On the motion of Mr Ah Kit the following further amendment was agreed to, after debate.
Omit from paragraph (g), “section 142(1)(b)” and insert in its stead “section 142(3).
Clause 4, as amended, agreed to.
Clause 5 read.
Mr Wood moved the following amendment –
Omit from paragraph (c), proposed section 5(e) and insert in its stead – “(e) another form, that includes the word 'Council', approved by the Minister.”
Amendment negatived, after debate.
Clause 5, as printed agreed to.
Clauses 6 to 8, by leave, taken together and agreed to.
Clause 9 read.
Mr Wood moved the following amendment -
Proposed section 9A(1), omit – “Unless otherwise provided by” and substitute – “Despite anything to the contrary in”.
Amendment negatived, after debate.
On the motion of Mr Ah Kit the following amendment was agreed to, after debate.
Omit proposed section 9A(1) and insert in its stead –
- “(1) Unless approved by the Minister in writing –
- (a) a person who is an officer or employee of a council cannot hold office as a member of the council; and
(b) a person who is a member of a council and becomes an officer or employee of the council cannot continue to hold office as a member.”.
Omit proposed sections 9A(3) and 9A(4) and insert in their stead – “(3) The Minister's approval may only be given for a specific case.”.
Amendment negatived, after debate.
Clause 9, as amended, agreed to.
Clauses 10 and 11, by leave, taken together and agreed to.
Clause 12 read.
Mr Wood moved the following amendment –
Omit paragraph (a) and insert in its stead –
"(c) despite anything to the contrary in a community government constitution, is absent, without leave of the council, from meetings of the council (disregarding committee meetings) held during any period of 3 months;".
Mr Wood moved the following further amendment –
Omit paragraph (c).
Amendment negatived, after debate.
Clause 12, as printed, agreed to.
Clause 13 read.
Mr Wood moved the following amendment -
In proposed section13(2), after “vacant”, insert – “on the day the nomination is lodged with the entity conducting the election”.
Amendment negatived, after debate.
Clause 13, as printed, agreed to.
New Clause 13A.
On the motion of Mr Ah Kit the following new clause 13A was inserted in the Bill, after debate.
13A. Officer or employee standing for Territory or Federal election
(1) A person who is an officer or employee of a council and who is, or is to be, nominated for election to the Legislative Assembly, House of Representatives or Senate may give notice in writing to the CEO of the council of the person's resignation from the office or employment with the council under this section.
(2) A notice of resignation under this section cannot be expressed to take effect more than one month before the date on which nominations for the election are to close.
(3) A person who has given notice of resignation under this section may apply in writing to the CEO of the council to be reinstated to the office or employment from which he or she resigned –
- (a) before the election in relation to which the resignation was tendered – if the person withdraws his or her consent to act as a member of the Legislative Assembly, House of Representatives or Senate (as the case may be) if elected or ceases to be qualified to be a candidate for election; or
(b) if the person was not successful in the election in relation to which the resignation was tendered – before the expiry of the seventh day after the declaration of the poll for the election,
(4) If the position or capacity in which a person was employed immediately before his or her resignation under this section took effect is not available with the council, the person is to be appointed to another available position (if any) that the person is qualified to hold and that –
- (a) is as near as possible to the position or capacity in which the person was previously employed; and
(b) carries a salary as near as possible to the salary that the person previously received.
Mr Wood moved the following amendment –
Omit proposed Division 2A.
Amendment negatived, after debate.
On the motion of Mr Ah Kit the following amendment was agreed to, after debate.
In proposed section 14A(1), after “as a member of the council”, insert “and jointly with the other members”.
Omit proposed section 14B(c) and insert in its stead –
- “(c) to perform other council-related functions as determined by the council from time to time; and”.
Omit proposed section 15.
Amendment negatived.
Mr Wood moved the following further amendment.
Omit proposed section 17(1) and insert in its stead –
- “(1) An ordinary meeting of a council must be held at least once in each month.”.
Amendment negatived, after debate.
The sittings was suspended between 4.55 pm and 5.01 pm.
Mr Wood moved the following further amendment.
Insert after proposed section 19B(1) the following -
- “(1A) In addition, a council may, by resolution, decide to convene a special meeting to transact business.”.
Mr Wood moved the following further amendment.
In proposed section 19B(4), after "subsection (2)", insert “, or the subject of the resolution mentioned in subsection (1A),”.
Amendment negatived, – amendment withdrawn.
Mr Wood moved the following further amendment.
Omit proposed section 19E(3) and insert in its stead -
“(3) A member may take part in a meeting using technology that allows continuous and reasonably instantaneous communication between members taking part in the meeting, including for example by telephone or teleconferencing.
- (3A) A member who takes part in a meeting in a way mentioned in subsection (3) is taken to be present at the meeting.
(3B) However, a member may be present at only 2 meetings held in any period of 12 months in a way mentioned in subsection (3).”.
On the motion of Mr Ah Kit the following amendment was agreed to, after debate.
Insert after proposed section 19E(3) the following –
- “(3A) Subsection (3)(b) applies only if a council has resolved that a member can attend a meeting by the technological means and the member's attendance is in accordance with any relevant procedures of the council.”.
Omit proposed section 19E(4).
Amendment negatived, after debate.
Mr Wood moved the following further amendment.
Insert after proposed section 19E –
- "19EA. Proxies
"Despite anything to the contrary in a community government constitution, a member of the community government council cannot appoint a proxy to attend a meeting in the member's place.”.
Mr Wood moved the following further amendment.
In proposed section19J(b), after “hands”, insert –
- “or, if a member takes part in the meeting by using technology mentioned in section 19E(3) and it is not possible to see the member vote, the member's vote must be taken on the member's voice”.
On the motion of Mr Ah Kit the following amendment was agreed to, after debate.
Insert at the end of proposed section 19J –
- “(2) If a member is attending a meeting by telephone, teleconferencing or the like and it is not possible to discern the member's vote by a show of hands, the member's vote is to be recorded according to a spoken 'yes' or 'no' as the case may be.”.
Omit proposed section 19K(2)(c) and insert –
- “(c) the names of the members or members of the committee who took part in the meeting by using technology mentioned in section 19E(3) and the type of technology used; and
(d) other prescribed matters.”.
Clause 14, as amended, agreed to.
Clauses 15 to 29, by leave, taken together and agreed to.
Clause 30 read.
Mr Wood moved the following amendment.
Insert after paragraph (a) –
“(aa) by omitting "6 years" and substituting "10 years"; and”.
Mr Wood moved the following further amendment.
Paragraph (b), proposed section 92(2), omit –
the whole subsection
Substitute –
(2) In addition, a council may recover –
(a) its reasonable expenses incurred in tracing the person liable to pay the rate or charge; and
(b) its reasonable legal expenses incurred in recovering the rate or charge.
Clause 30, as printed, agreed to.
Clause 31 read.
On the motion of Mr Ah Kit the following amendment was agreed to, after debate.
Omit paragraph (a) and insert in its stead –
- “(a) by omitting from subsection (1) ‘scheme’ (all references) and substituting ‘constitution’;”.
Mr Wood moved the following amendment -
Insert after paragraph (b) –
“(ba) by omitting subsection (1)(n) and substituting the following:
- "(n) the calling and conduct of elections in a way that is consistent with the calling and conduct of elections of members of the Legislative Assembly;";”.
Amendment negatived, after debate.
Mr Wood moved the following further amendments together, by leave -
Omit paragraph (c) and insert in its stead “(c) by omitting subsection (1)(p);”.
Omit paragraph (d) and insert in its stead “(d) by omitting subsection (1)(q);”.
Amendments negatived, after debate.
On the motion of Mr Ah Kit the following amendment was agreed to, after debate.
Omit paragraph (f) and insert in its stead –
- (f) by omitting subsection (2) and substituting the following:
"(2) A constitution may establish committees of the council to perform functions conferred by the constitution and any other functions that may be delegated by the council.".
Clause 31, as amended, agreed to.
Clause 32 agreed to.
Proposed New Clause 32A.
Mr Wood moved that the following New Clause 32A be inserted in the Bill.
32A. Approval of constitution
- Section 105 of the Principal Act is amended –
(b) by omitting subsections (2)(b)(v) and (vi);
(c) by inserting after subsection (2) the following:
"(2A) For subsection (2), a substantial majority of residents of a community government area is in favour of a matter only if at least 65% of the residents vote in favour of the matter in a referendum."; and
(d) by omitting from subsection (3) "Where" and substituting "In addition, if".
Clauses 33 and 34, by leave, taken together and agreed to.
Clauses 35 read.
On the motion of Mr Ah Kit the following amendment was agreed to, after debate.
Paragraph (b), proposed subsection (1A)(a), omit –
- the whole paragraph
“(a) of the functions of local government specified in Schedule 2, only those functions specified in the instrument of approval; or”.
Paragraph (b), after proposed subsection (1A), insert –
“(1B) The Minister may, by notice in the Gazette –
- (a) add any function of local government specified in Schedule 2 to the functions specified by the Administrator in relation to a community government council;
(b) amend the conditions to which a function of a community government council is subject; or
(c) remove from a community government council a function that was specified by the Administrator or added by the Minister under paragraph (a).”.
Clause 36 read.
Mr Wood moved the following amendment.
Omit from proposed section 122A(a) “municipal council or a community government” substitute “stated”.
Amendment negatived, after debate.
Mr Wood moved the following further amendment.
Insert at the end of proposed section 122A the following –
“(2) A regulation may be made under subsection (1) for a council only if the council agrees to the function being prescribed as a core function.”.
Amendment negatived.
Clause 36, as printed, agreed to.
Clauses 37 to 39, by leave, taken together and agreed to.
Clause 40 read.
Mr Wood invited defeat of the clause.
Clause 40, as printed, agreed to.
Clauses 41 to 43, by leave, taken together and agreed to.
Clause 44 read.
On the motion of Mr Ah Kit the following amendment was agreed to, after debate.
Insert at the end of paragraph (b) –
- “(3) The Minister may, in a particular case, specify that a shorter period is to apply for the dismissal of a CEO to take effect.”.
Clause 44, as amended, agreed to.
Clauses 45 to 68, by leave, taken together and agreed to.
Clause 69 read.
On the motion of Mr Ah Kit the following amendment was agreed to. after debate.
Insert at the end of paragraph (a) – “and (1B)”.
On the motion of Mr Ah Kit the following further amendment was agreed to, after debate.
Omit paragraph (b) and insert in its stead –
- “(b) by omitting from the heading ‘MUNICIPAL COUNCILS’ and substituting ‘LOCAL GOVERNMENT’ ”.
Mr Wood moved the following amendments together, by leave.
Omit paragraph (c);
Omit paragraphs (f) and (g); and
Omit paragraphs (i) (j).
Amendments negatived, after debate.
Clause 69, as amended, agreed to.
Clauses 70 and 71, by leave, taken together and agreed to.
Clause 72 read.
On the motion of Mr Ah Kit the following amendment was agreed to, after debate.
- “(1A) A community government council that is in existence before the commencement of this Act continues to have the functions given to it by its constitution.”.
Clauses 72, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to, after debate.
Bill to be reported with amendments.
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The Speaker (Mrs Braham) resumed the Chair; the Deputy Chairman (Ms Lawrie) reported and accordingly and the report was adopted.
The Minister for Local Government (Mr Ah Kit) moved – That the Bill be now read a third time.
Debate ensued.
Question – put and passed.
The Bill was read a third time and passed to be a proposed law.
13. TREASURER’S ANNUAL FINANCIAL REPORT 2002/2003 – REPORT NOTED:
- The Order of the Day having been read for the resumption of the question – That the Assembly take note of the Report –
Debate resumed.
Question – put and passed.
14. ORDER OF BUSINESS:
- The Leader of Government Business (Mr Henderson) moved – That General Business, Orders of the Day No. 6 relating to the question - That the Assembly take note of the Public Accounts Committee Annual Report 2002/2003, be called on forthwith.
Question – put and passed.
15. PUBLIC ACCOUNTS COMMITTEE, ANNUAL REPORT 2002/2003 – REPORT NOTED:
- 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.
Question – put and passed.
16. BUILDING TERRITORY TRADE, DELIVERING TRADE OUTCOMES – MINISTERIAL STATEMENT – STATEMENT NOTED:
- The Minister for Asian Relations and Trade (Mr Henderson) made a statement relating to international trade in goods and services developed by a government strategic approach to trade development since August 2001.
Mr Henderson moved – That the Assembly take note of the Statement.
Debate ensued.
Question – put and passed.
- 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 10.57 pm until Thursday 19 February 2004 at 10am.
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- PAPERS:
The following Papers were deemed to have been presented on Wednesday 18 February 2004 –
Licence Agreements:
Licence Agreement between the Minister for Racing, Gaming and Licensing and CMS PTY LTD (ACN 009 640 546) (Paper 1201)
Licence Agreement between the Minister for Racing, Gaming and Licensing and Global Players Network PTY LTD (ACN 102 371 335) (Paper 1202)
Licence Agreement between the Minister for Racing, Gaming and Licensing and DK Marketing PTY LTD (ACN 098 422 023) (Paper 1203)
Regulations 2004
No. 02, Amendment of Territory Wildlife Regulations (Paper 1204)
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ATTENDANCE:
All Members attended the sitting, except Ms Martin, on leave.
Last updated: 04 Aug 2016