Minutes of Proceedings - 2002-06-20
- 1. MEETING:
- 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 delegates to the Indigenous National Women’s Conference being held in Darwin and on behalf of all Members extended a warm welcome to the delegates.
4. PETITION:
- The Member for Stuart (Dr Toyne), by leave, presented a petition, not conforming with Standing Orders, from 485 petitioners relating to control of the use and sale of fireworks in the Territory (Paper 419).
Petition not read.
Response to petition: The Clerk, pursuant to Standing Order 100, advised that a response had been received to Petition No. 13 relating to Leonino Road and circulated to Members. The text of the response will be included in the Hansard record (Paper 430).
5. MINISTERIAL REPORTS:
- Indigenous Women Leaders: The Chief Minister (Ms Martin) made a report on a meeting in Darwin of indigenous women leaders from New Zealand and Australia.
Ms Carter responded thereto.
N T Fishing Forum: The Minister for Primary Industry and Fisheries (Mr Henderson) made a report on an industry forum discussing initiatives for recreational fishing in Darwin.
Mr Baldwin responded thereto.
Mr Wood responded thereto.
Mr Henderson responded accordingly.
Indigenous Knowledge Centres: The Minister for Community Development (Mr Ah Kit) made a report on the progress in establishing indigenous knowledge centres in Galiwinku and remote Territory communities.
Mr Burke responded thereto.
Mr Ah Kit responded accordingly.
Power and Water Authority Corporatisation: The Minister for Essential Services (Mr Vatskalis) made a report on the progress of full corporatisation of the Power and Water Authority by I July 2002 and its increased focus on customers and service delivery.
Mr Dunham responded thereto.
Mr Vatskalis responded accordingly.
6. NORTHERN TERRITORY EMPLOYMENT AND TRAINING AUTHORITY AMENDMENT BILL 2002 (Serial 71); and NORTHERN TERRITORY EMPLOYMENT AND TRAINING AUTHORITY (CONSEQUENTIAL AMENDMENTS) BILL 2002 (Serial 72):
- Suspension of Standing Orders: The Minister for Employment, Education and Training (Mr Stirling) moved – That so much of the Standing Orders be suspended as would prevent Bills entitled, Northern Territory Employment and Training Authority Amendment Bill 2002 (Serial 71), and Northern Territory Employment and Training Authority (Consequential Amendments) Bill 2002 (Serial 72) -
- (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 – there being an absolute majority of the whole number of members present and no dissentient voice.
The Minister for Employment, Education and Training (Mr Stirling), pursuant to notice, presented a Bill for an Act, respectively to amend the Northern Territory Employment and Training Authority Act and a Bill for an Act to amend various legislation consequent on the enactment of the Northern Territory Employment and Training Authority Amendment Act 2002.
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 Minister for Employment, Education and Training (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend the Work Health Act.
Bill read a first time.
Mr Stirling moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Blain (Mr Mills) debate was adjourned.
- The Treasurer (Ms Martin), pursuant to notice, presented a Bill for an Act to amend the Pay-roll Tax Act and the Pay-roll Tax Regulations.
Bill read a first time.
Ms Martin moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Goyder (Mr Maley) debate was adjourned.
9. LEGAL PRACTITIONERS AMENDMENT (COMMUNITY LEGAL CENTRES) BILL 2002 (Serial 78):
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Legal Practitioners 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 Goyder (Mr Maley) debate was adjourned.
10. VISITORS:
- The Speaker advised Members of the presence in the public gallery of members of the Ionian Club, Darwin Branch and extended to them a warm welcome.
11. LEGAL PRACTITIONERS AMENDMENT (MORTGAGE PRACTICES) BILL 2002 (Serial 70):
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Legal Practitioners 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 Goyder (Mr Maley) debate was adjourned.
12. MINING AMENDMENT BILL 2002 (Serial 63) – SUSPENSION OF STANDING ORDERS, PASS BILL THROUGH ALL STAGES:
- The Minister for Business, Industry and Resource Development (Mr Henderson), pursuant to notice, moved – That so much of Standing Orders be suspended as would prevent the Mining Amendment Bill 2002 (Serial 63) passing through all stages at this sitting.
Question put and passed.
- The Minister for Business, Industry and Resource Development (Mr Henderson), pursuant to notice, moved – That so much of Standing Orders be suspended as would prevent the Oil Refinery Agreement Ratification Act Repeal Bill 2002 (Serial 62) passing through all stages at this sitting.
Question put and passed
- The Order of the Day having been read for 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 Business, Industry and Resource Development (Mr Henderson) the Bill was read a third time and passed to be a proposed law.
15. OIL REFINERY AGREEMENT RATIFICATION ACT REPEAL BILL 2002 (Serial 62):
- The Order of the Day having been read for 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 Business, Industry and Resource Development (Mr Henderson) the Bill was read a third time and passed to be a proposed law.
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Suspension of sitting: The sitting of the Assembly was suspended between 11.48am and 2pm.————————
- The Speaker advised Members of the presence in the Speaker’s Gallery of Juho Nykanaen, a Rotary exchange student from Finland accompanied by Mr John McLaren.
The Speaker extended a warm welcome to the visitor.
- The Leader of Government Business (Mr Stirling) moved – That the Assembly at its rising adjourn until Tuesday 13 August 2002 at 10am or such other time and/or date as may be set by Madam Speaker, pursuant to Sessional Order.
Question – put and passed.
- The following notice was given:
Mr Wood: To move – That the Assembly take note of the response to petition No.13, Tabled on 20 June 2002 relating to the Power Poles in Leonino Road and Reedbeds Road.
- 2.02pm Ms Carter to Ms Martin.
2.05pm Ms Scrymgour to Ms Martin.
2.10pm Dr Lim to Mr Ah Kit.
Paper tabled: The Member for Greatorex (Dr Lim), by leave, presented the following Paper –
2.16pm Mr Bonson to Mr Henderson.
2.22pm Mr Wood to Mr Vatskalis.
Paper tabled: The Member for Nelson (Mr Wood), by leave, laid on the Table the following Paper –
2.24pm Mr Burke to Ms Martin.
2.28pm Ms Lawrie to Mr Henderson.
2.31pm Mr Burke to Ms Martin.
Paper tabled: The member for Brennan (Mr Burke), by leave, laid on the Table the following Paper -
2.37pm Mr McAdam to Dr Toyne.
2.40pm Ms Carney to Mr Henderson.
2.45pm Dr Burns to Mr Vatskalis.
2.48pm Mr Wood to Mr Vatskalis.
2.50pm Ms Carter to Mr Henderson.
2.52pm Ms Scrymgour to Mrs Aagaard.
2.55pm Mr Elferink to Mr Vatskalis.
Paper tabled: The member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Paper –
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Written Question Paper.
- The Minister for Transport and Infrastructure (Mr Vatskalis) laid on the Table the Darwin Port Corporation Annual Report 2000/2001, Financial Statement, pages 43 to 66, corrections (Paper 424).
21. PUBLIC ORDER AND ANTI-SOCIAL CONDUCT ACT REPEAL BILL 2002 (Serial 50); MISUSE OF DRUGS AMENDMENT BILL 2002 (Serial 53); and MISUSE OF DRUGS (CONSEQUENTIAL AMENDMENTS) BILL 2002 (Serial 54):
- 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.
Papers tabled: The Member for Araluen (Ms Carney), by leave, laid on the table the following Papers –
Letter, Managers of various licensed premises, Alice Springs to Ms Jodeen Carney MLA re Misuse of Drugs Legislation (Paper 426);
Article, Drug laws are “junk”, Balance Magazine, dated May 2002 (Paper 427); and
Article, Beware the (bright) ideas of May, Balance Magazine, dated May 2002 (Paper 428).
Debate continued.
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Distinguished Visitor: The Speaker advised members of the presence in the Speaker’s Gallery of Ms Diana Hatton MLC, Member for Ballarat and on behalf of all members extended a warm welcome to the distinguished visitor. ––––––––––––––––
Debate continued.Paper tabled: The Member for Millner (Mr Bonson), by leave, laid on the Table the following Paper –
Debate continued.
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Distinguished Visitors: The Speaker advised Members of the presence in the Speaker’s Gallery of Hon Jon Stanhope MLA, Chief Minister, ACT House of Assembly; Hon Faye Lo Po’ MP, Minister for Community Services, NSW; Hon Wendy Edmond MP, Minister for Health and Minister Assisting the Premier on Women’s Policy, QLD; Hon Stephanie Key MLA, Minister for Social Justice, SA; and Hon Mary Delahunty MP, VIC and on behalf of all Members the Speaker extended a warm welcome to the distinguished visitors. —————————
Debate continued.
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)
Misuse of Drugs Amendment Bill 2002 (Serial 53):
Clauses 1 to 5, by leave, taken together and agreed to.
Clause 6 read.
On the motion to the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to, after debate –
Omit proposed section 11C and insert in its stead –
11C. Indications that premises used to supply dangerous drugs
(1) For the purposes of this Division, the indications that a dangerous drug has been supplied at or from residential premises include the following:
- (a) that a member of the Police Force was prevented, obstructed or delayed from entering or re-entering the premises;
(b) the presence on the premises or in sight of the premises of a person acting as a lookout;
(c) the presence on the premises of things used in the supply, manufacture or use of a dangerous drug;
(d) the presence on the premises, or in the possession of a person on the premises, of a firearm within the meaning of the Firearms Act;
(e) the presence on the premises of documents or records used in connection with the supply or manufacture of a dangerous drug;
(f) amounts of money on the premises that cannot be satisfactorily accounted for by a resident of, or an owner or landlord of, the premises;
(g) the presence at the premises of a person or persons who are, or who appear to be, under the influence of a dangerous drug;
(h) excessive, frequent or suspicious vehicular or pedestrian traffic to or from the premises;
(i) the presence on the premises, or in the vicinity of the premises, of persons known to be involved in the sale or distribution of a dangerous drug;
(j) the presence on the premises of property reasonably suspected of being stolen or of being exchanged in return for a dangerous drug;
(k) that a dangerous drug has been found on the premises on one or more occasions;
(l) if there are other indications – the construction of the premises, or an internal or external door on the premises, involved a device for preventing, delaying or obstructing entry or for giving alarm.
- (a) that a member of the Police Force was prevented, obstructed or delayed from entering or re-entering the premises by an owner, landlord or tenant of the premises or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises;
(b) the presence of a thing that is used in the supply, manufacture or use of a dangerous drug and that is –
- (i) in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii) in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access;
- (i) in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii) in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access;
(e) amounts of money –
- (i) in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, that cannot be satisfactorily accounted for by the person; or
(ii) found in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access, that cannot be satisfactorily accounted for by such a person;
- (i) in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii) in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access;
- (i) in the possession of an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises; or
(ii) in a room in the premises to which only an owner, landlord or tenant of the premises, or a person employed by or acting for and on behalf of an owner, landlord or tenant of the premises, has access;
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Insert after proposed section 11J(2) -
- (2A) The hearing of an application under section 11D is to be in camera.
(2B) The Commissioner of Police must, at the hearing of an application under section 11D, disclose to the court all matters that are within his or her knowledge that he or she, on reasonable grounds, believes would support an argument against the granting of the application.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Insert after proposed section11L –
11LA. Duration of drug premises order
- A drug premises order remains in force for 12 months from the date on which the order is made, unless it is sooner revoked under section 11N.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Add at the end of proposed section 11M -
- (3) A notice under subsection (2)(b) is to specify that a drug premises notice under section 11P will be affixed to the premises within 7 days after the date on which the notice under subsection (2)(b) is served, unless notice of an application is served under section 11N(2) on the Commissioner by an owner, landlord or tenant of the premises.
- (4) Sections 11U and 11V, sections 88A of the Residential Tenancies Act and section 42AA of the Commercial Tenancies Act do not apply in relation to drug premises until this section and section 11P(1) have been complied with.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Omit proposed subsection 11P(1) and insert in its stead -
- (1) A member of the Police Force must affix a notice in the prescribed form and size to the exterior of the premises as close to each entrance to the premises as is practicable.
(1A) The notice may only be affixed under subsection (1) –
- (a) after 7 days after a drug premises order is served under section 11M(2) in relation to the premises; or
(b) if, within 7 days after a drug premises order is served under section 11M(2) in relation to the premises, notice of an application is served under section 11N(2) on the Commissioner by an owner, landlord or tenant of the premises – after the application is determined by the court.
Clause 6, as amended, agreed to.
Clauses 7 to 23, by leave, taken together and agreed to.
Clause 24 read.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Omit from proposed subsection (2) “belief” and insert in its stead” suspicion”.
Clause 24, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Misuse of Drugs (Consequential Amendments) Bill 2002 (Serial 54):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Public Order and Anti-Social Conduct Act Repeal Bill 2002 (Serial 50):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
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The Assembly resumed; the Speaker (Mrs Braham) resumed the Chair; and the Chairman (Mr Wood) reported that the Committee had considered the Bills and agreed to - Misuse of Drugs (Consequential Amendments) Bill 2002 (Serial 54), without amendment; and
Public Order and Anti-Social Conduct Act Repeal Bill 2002 (Serial 50), without amendment.
- On the motion of the Minister for Justice and the Attorney-General (Dr Toyne) the Bills were read a third time and passed to be proposed laws.
22. CODE OF CONDUCT AND ETHICAL STANDARDS FOR MEMBERS, DRAFT – AMENDMENTS TO LEGISLATIVE ASSEMBLY (REGISTER OF MEMBERS’ INTERESTS) ACT, DRAFT – PAPERS TABLED:
- The Chief Minister (Ms Martin) laid on the Table a Draft Code of Conduct and Ethical Standards for Members; and Draft proposed amendments to the Legislative Assembly (Register of Members’ Interests) Act (Papers 431 and 432 respectively).
Ms Martin made a statement relating thereto.
- The Chief Minister (Ms Martin), by leave, moved – That the following Papers be referred to the Standing Orders Committee for inquiry and report during the October 2002 sittings –
Draft amendments to the Legislative Assembly (Register of Members’ Interests) Act.(Paper 432)
Debate ensued.
Question put an passed.
- The Chairman of the Public Accounts Committee (Dr Burns), pursuant to resolution of the Assembly of 23 May 2002, presented the Public Accounts Committee Report on the Establishment of an Estimates Committee process within the Northern Territory Parliament, Report No. 39 (Paper 433).
Dr Burns moved – That the report be Printed.
Question – put and passed.
Dr Burns moved – That the Assembly take note of the Report.
Debate ensued.
On the motion of the Leader of Government Business (Mr Stirling) debate was adjourned.
25. ADJOURNMENT:
- The Leader of Government Business (Mr Stirling) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 9.05pm until Tuesday 13 August 2002 at 10am or such other date and/or time as may be set by Madam Speaker, pursuant to Sessional Order.
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ATTENDANCE:All Members attended the sitting.
Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016