Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2004-05-19

1. MEETING:
The Assembly met at 10 am. 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 Ludmilla Primary School Year 4/5 students accompanied by Mrs Gay Cattermole, Ms Mere Barlow, Ms Kylie Elliott and Ms Stacey Lynes.
On behalf of all Members the Speaker extended a warm welcome to the visitors.

4. LEAVE OF ABSENCE – CHIEF MINISTER:
The Leader of Government Business (Mr Henderson) moved – That leave of absence be granted to the Chief Minister (Ms Martin) this day and tomorrow on account of her attendance to government business notified to Members yesterday.
Question – put and passed.

5. ORDER OF BUSINESS – OPPOSITION BUDGET RESPONSE:
The Leader of Government Business (Mr Henderson) moved – That the Routine of Business of the Assembly be re-arranged to permit the Leader of the Opposition to deliver his response to the Budget 2004/2005 at 11am on Wednesday 19 May 2004.
Question – put and passed.

6. BROADCAST OF OPPOSITION BUDGET 2004/2005 RESPONSE - STATEMENT:
The Speaker advised Members that her permission had been given for various media to broadcast live or rebroadcast, with sound and vision, the Opposition’s Budget 2004/2005 reply; 8 TOP FM Radio to broadcast live and the Northern Territory News to take still photographs.

7. PETITION:
The Member for Johnston (Dr Burns) presented petition No. 57, from 113 petitioners, relating to the protection of the Daly River from large scale agricultural development, this petition being in similar terms to a petition presented in November 2003 and to which a response was circulated to Members during the February sittings 2004. (Paper 1304)
Petition read.

8. MINISTERIAL REPORTS:
Mineral Exploration - Web Mining Projects: The Minister for Mines and Energy (Mr Vatskalis) reported on new mining projects being developed.
Mr Dunham responded thereto.
Mr Vatskalis responded accordingly.

Underground Power Supply, Nightcliff: The Minister for Essential Services (Dr Burns) reported on the progress of undergrounding power lines in Nightcliff and the Northern Suburbs of Darwin.
Mr Dunham responded thereto.
Dr Burns responded accordingly.
__________________

Motion re Swimming Pool Fencing, Employee Malpractice: The Leader of Government Business (Mr Henderson) sought leave to move a motion relating to the suspension of the Sessional Order relating to Ministerial Reports to enable the Minister for Local Government, Mr Ah Kit, to make a report on pool fencing issues and that a speech time limit of 10 minutes apply to the Minister’s report and the reply by the shadow minister and further, that the Minister not have a right of reply.
Leave granted.

The Leader of Government Business (Mr Henderson) thereupon moved – That,

(a) the Sessional Order relating to Ministerial Reports be suspended to enable the Minister for Local Government, Mr Ah Kit, to make a report on pool fencing issues;

(b) the speech time limit of 10 minutes apply to the Minister’s report and the reply by the shadow minister; and

(c) the Minister not have a right of reply.

Question – put and passed.
_______________

Swimming Pool Fencing, Employee Malpractice: The Minister for Local Government (Mr Ah Kit) thereupon, pursuant to resolution, reported to the Assembly on issues associated with an inspector and inspection of swimming pool fencing.
Mr Elferink, pursuant to resolution, responded thereto.

Ministerial Reports noted, pursuant to Sessional Order.

9. INTERPRETATION AMENDMENT BILL 2004 (Serial 190):
The Member for Nelson (Mr Wood), pursuant to notice, presented a Bill for an Act to amend the Interpretation Act.
Bill read a first time.
Mr Wood moved – That the Bill be now read a second time.
Debate ensued.
Paper tabled: The Member for Nelson (Mr Wood) laid on the Table the following Paper –
Explanatory memorandum to Interpretation Amendment Bill 2004 (Paper 1305).

Debate continued.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) debate was adjourned.

10. LAW OF PROPERTY AMENDMENT BILL 2004 (Serial 231):
The Member for Nelson (Mr Wood), pursuant to notice, presented a Bill for an Act to amend the Law of Property Act.
Bill read a first time.
Mr Wood moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) debate was adjourned.

11. EVIDENCE AMENDMENT BILL 2004 (Serial 209):
The Member for Araluen (Ms Carney), pursuant to notice, presented a Bill for an Act to amend the Evidence Act.
Bill read a first time.
Ms Carney moved – That the Bill be now read a second time.
Debate ensued.
Debate suspended, pursuant to resolution to allow the Opposition Leader to respond to the Budget 2004/2005.

12. APPROPRIATION BILL 2004/2005 (Serial 234):
The Order the Day having been read for the resumption of debate on the question – That the Bill be now read a second time –
The Leader of the Opposition (Mr Mills) responded to the Budget 2004/2005.
Debate ensued.
On the motion of the Leader of Government Business (Mr Henderson) debate was adjourned.

13. EVIDENCE AMENDMENT BILL 2004 (Serial 209):
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.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) debate was adjourned.
_____________
Suspension of sittings: The sittings of the Assembly was suspended between 11.50 pm and 2 pm.
_______________

14. VISITORS:
The Speaker advised members of the presence in the public galleries of Charles Darwin University Political Studies students accompanied by Dr Bill Wilson.
On behalf of all Members the Speaker extended a warm welcome to the visitors.

15. NOTICES:
The following notices were given:
Mr Stirling: To present the Northern Territory Employment and Training Amendment Bill 2004 (Serial 220).

Mr Stirling: To present the Soccer Football Pools Amendment Bill 2004 (Serial 223).

Mr Stirling: To present the Gaming Control Amendment Bill 2004 (Serial 224).

Mr Stirling: To present the Gaming Machine Amendment Bill 2004 (Serial 225).

Mr Stirling: To move - That so much of the Standing Orders be suspended as would prevent Bills entitled –

Soccer Football Pools Amendment Bill 2004 (Serial 223), Gaming Control Amendment Bill 2004 (Serial 224) and Gaming Machine Amendment Bill 2004 (Serial 225)

(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 Vatskalis: To present the Petroleum Amendment Bill 2004 (Serial 233).

Dr Burns: To present the Parks and Wildlife Commission Amendment Bill 2004 (Serial 222).

Mr Ah Kit: To present the Publications (Legal Deposit) Bill 2004 (Serial 221).

16. QUESTIONS:
2.01pm Mr Mills to Mr Stirling.
2.03pm Mrs Aagaard to Mr Stirling.
2.04pm Mr Mills to Mr Stirling.
2.08pm Mr Bonson to Dr Toyne.
Paper tabled: The Minister for Health (Dr Toyne) laid on the Table the following Paper –
Royal Darwin Hospital, Bed Numbers (Paper 1302).

2.13pm Ms Carter to Ms Scrymgour.
2.17pm Mr Bonson to Mr Stirling.
2.22pm Mr Burke to Mr Stirling.
2.24pm Mr Wood to Mr Henderson.
2.27pm Ms Lawrie to Dr Burns.
2.31pm Mr Mills to Mr Stirling.
2.36pm Mr McAdam to Mr Vatskalis.
2.40pm Mr Mills to Mr Stirling.
2.44pm Mrs Aagaard to Mr Henderson.
2.49pm Mr Burke to Mr Stirling.

The Leader of the Opposition (Mr Mills) sought leave to move a motion to suspend so much of Standing Orders as would prevent him moving a motion to censure the Acting Chief Minister (Mr Stirling) –
Question – put and passed – leave granted.
.
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.

17. CENSURE OF ACTING CHIEF MINISTER – ECONOMIC GROWTH – MOTION NEGATIVED:
The Leader of the Opposition (Mr Mills), by leave, thereupon moved – That the Assembly censure the Acting Chief Minister (Mr Stirling) for his abject failure to advance the prosperity of Territorians and deliver economic growth:

In particular, the Acting Chief Minister has failed in the 2004/2005 Budget to –
(a) manage the economy;
(b) adopt a consistent, appropriate fiscal strategy;
(c) control departmental expenditure targets;
(d) stimulate growth through focused and real infrastructure spending; and
(e) halt the decline of population and increasing business closures. (Paper 1303)

Debate ensued.
The Member for Port Darwin (Ms Carter) moved – That so much of Standing Orders be suspended as would prevent an extension of time being granted to the Member for Brennan (Mr Burke) to complete his speech.
Question - put.
The Assembly divided (the Deputy Chairman, Mr E. McAdam, in the Chair) -

AYES, 10 NOES, 12

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 Mr McAdam
Mrs Miller Ms Scrymgour
Mr Mills Mr Stirling
Dr Toyne
Mr Vatskalis

Motion negatived accordingly.
The Member for Greatorex (Dr Lim) moved – That an extension of time be granted to the Member for Brennan (Mr Burke), pursuant to Standing Order 77.
Question put and negatived.

Debate resumed on the main question – censure of Acting Chief Minister.
The Leader of Government Business (Mr Henderson) moved – That the question be now put – put and passed.
Question – That the motion censuring the Acting Chief Minister be agreed to – put and negatived.

18. CRIMINAL CODE AMENDMENT BILL 2004 (Serial 212):
The Member for Macdonnell (Mr Elferink), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
Bill read a first time.
Mr Elferink moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) debate was adjourned.

19. POLICE ADMINISTRATION AMENDMENT BILL 2004 (Serial 213):
The Member for Macdonnell (Mr Elferink), pursuant to notice, presented a Bill for to amend the Police Administration Act.
Bill read a first time.
Mr Elferink moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) debate was adjourned.

20. SUMMARY OFFENCES AMENDMENT BILL 2004 (Serial 214):
The Member for Macdonnell (Mr Elferink), pursuant to notice, presented a Bill for an Act to amend the Summary Offences Act.
Bill read a first time.
Mr Elferink moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) debate was adjourned.

21. ORDER OF BUSINESS – NOTICE POSTPONED:
The Member for Nelson (Mr Wood) moved – That General Business, Notice No.7, standing in his name relating to a reference to the Environment and Sustainable Development Committee on the cotton industry be postponed until the next day of sitting.
Question – put and passed.

22. SUMMARY OFFENCES AMENDMENT BILL (No. 2) 2004 (Serial 232):
The Member for Araluen (Ms Carney), pursuant to notice, presented a Bill for an Act to amend the Summary Offences Act.
Bill read a first time.
Ms Carney moved – That the Bill be now read a second time.
Debate ensued.
Paper tabled: The Member for Araluen (Ms Carney), by leave, laid on the Table the following Paper –
Juvenile Pre-court Diversion Scheme, OVERVIEW by Northern Territory Police (Paper 1306).

Debate continued.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) debate was adjourned.

23. ORDER OF BUSINESS – NOTICE POSTPONED:
The Member for Nelson (Mr Wood) moved – That consideration of General Business, Notice No. 9, standing in his name relating to a reference to the Standing Orders Committee to examine the need for explanatory memoranda being presented with Bills, be postponed until the next sitting day.
Question – put and passed.

24. TRAFFIC AMENDMENT BILL 2003 (Serial 124) - WITHDRAWN:
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 –
The Member for Nelson (Mr Wood), by leave, moved – That General Business, Order of the Day No. 1, relating to the Traffic Amendment Bill 2003 (Serial 124) standing in my name, be withdrawn.
Question – put and passed.
Bill withdrawn.

25. SENTENCING AMENDMENT BILL 2003 (Serial 126):
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.
The Member for Braitling (Mrs Braham), by leave, moved – That consideration of the Bill be postponed until the next sitting day.
Debate ensued.
Question – put and passed.

26. CRIMINAL CODE AMENDMENT BILL (No. 3) 2003 (Serial 173) - NEGATIVED:
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 ensued.
Question - put.
The Assembly divided (the Deputy Chair, Ms D. P. Lawrie, in the Chair) -

AYES, 11 NOES, 12

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 Mr McAdam
Mrs Miller Ms Scrymgour
Mr Mills Mr Stirling
Mr Wood Dr Toyne
Mr Vatskalis

And so it was resolved in the negative.
Motion negatived accordingly.

27. LIQUOR AMENDMENT BILL (No. 3) 2003 (Serial 189) - WITHDRAWN:
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 ensued.
The Member for Braitling (Mrs Braham), by leave, moved –
That the Bill standing in her name be withdrawn.
Question – put and passed.
Bill withdrawn.

28. LEGISLATIVE ASSEMBLY MEMBERS (RANDOM DRUG TESTING) BILL 2003 (Serial 199) - NEGATIVED:
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 ensued.
Paper tabled: The Member for Nelson (Mr Wood), by leave, laid on the Table the following Paper -
Letter of attestation by Mr Wood re drug testing (Paper 1307).

Debate continued.
Question – put and negatived.

29. ADJOURNMENT:
The Leader of Government Business (Mr Henderson) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 8.59 pm Wednesday 19 May 2004 until tomorrow at 10 am.
–––––––––––––––––
PAPERS:
There were no Papers deemed to have been presented on Wednesday 19 May 2004.
–––––––––––––––––

ATTENDANCE:
All Members attended the sitting, except Ms Martin on leave.

Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016