Minutes of Proceedings - 2002-06-18
1. MEETING:
The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 23 May 2002. The Speaker,
the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. MESSAGE FROM ADMINISTRATOR:
The speaker laid on the Table Message No. 5 from His Honour the Administrator advising of his assent to proposed laws passed by the Assembly during the May 2002 sittings which read as follows:
I, JOHN CHRISTOPHER ANICTOMATIS, the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:
7 June 2002
Bail Amendment Act 2002 (No. 12 of 2002)
Corporations (Financial Services Reform Amendments) Act 2002 (No. 16 of 2002)
Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Act 2002 (No. 11 of 2002)
First Home Owner Grant Amendment Act 2002 (No. 22 of 2002)
Interpretation Amendment Act 2002 (No. 14 of 2002)
Meat Industries Amendment Act 2002 (No. 19 of 2002)
Parole of Prisoners Amendment Act 2002 (No. 13 of 2002)
Penalties Amendment Act 2002 (No. 15 of 2002)
Police Administration Amendment Act (No. 2) 2002 (No. 20 of 2002)
Statute Law Revision Act 2002 (No. 18 of 2002)
Witness Protection (Northern Territory) Act 2002 (No. 21 of 2002)
Work Health Amendment Act 2002 (No. 23 of 2002)
Workmen’s Liens Amendment Act 2002 (No. 17 of 2002)
Dated 14 June 2002.
Sgd
J C Anictomatis
Administrator (Paper 391)
4. VISITORS:
The Speaker advised Members of the presence in the public gallery of Year 7 students from St Mary’s Primary School accompanied by their teacher, Ms Lyn Taylor and Ms Margaret Hannan.
The Speaker advised Members of the presence in the public gallery of family, friends and colleagues of Big Bill Neidjie OAM.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
5. CONDOLENCE - BILL NEIDJIE, OAM – MOTION AGREED TO:
The Speaker, with deep regret, advised of the death on 23 May 2002 of Big Bill Neidjie OAM, a leader of the Gagadju people from the Kakadu Region of the Territory.
The Chief Minister (Ms Martin), by leave, moved - That this Assembly express its deep regret at the death on 23 May 2002 of Big Bill Neidjie OAM, a leader of the Gagadju people from the Kakadu region of the Territory and place on record its appreciation of his contribution to the advancement of the Aboriginal people and to the development of Kakadu National Park which bears the name of his people.
Ms Martin thereupon addressed the Assembly.
Debate ensued.
Question – put and passed.
Motion agreed to.
As a mark of respect Members stood in their places for one minute, in silence.
6. PETITIONS:
Response to Petitions:
The Clerk, pursuant, to Standing Order 100A advised that a response to petitions Nos. 10 (Paper 392), 11 and 12 (Paper 393) had been received and circulated to Members. The text of the response will be included in the Hansard record.
7. MINISTERIAL REPORTS:
Timor Sea gas: The Chief Minister (Ms Martin) made a report on the opportunities for the Territory arising from development of the Timor Sea gas fields.
Mr Burke responded thereto.
Ms Martin responded accordingly.
National Competition Policy Agreements: The Chief Minister (Ms Martin) made a report on the principles of national competition policy and associated legislative program proposed for this sittings.
Conservation and National Parks Resource Areas: The Minister for Parks and Wildlife (Mr Vatskalis) made a report on a review of the Department of Parks and Wildlife and the departure of the departmental CEO.
Mr Burke responded thereto.
And in responding the Leader of the Opposition (Mr Burke) moved a motion of censure.
8. CENSURE OF MINISTER FOR PARKS AND WILDLIFE – MOTION NEGATIVED:
Suspension of Standing Orders: The Leader of the Opposition (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent him moving a motion to censure the Minister for Parks and Wildlife (Mr Vatskalis) relating to the circumstances of the removal of the former CEO of the Department of Parks and Wildlife.
The Leader of Government Business (Mr Stirling) informed the Assembly that the Government would, pursuant to Standing Order 95, accept the motion as a censure motion.
The Leader of the Opposition (Mr Burke) thereupon moved – That this Assembly censure the Minister for Parks and Wildlife for:
(a) the shameful way he disposed of the Director of the Parks and Wildlife Commission;
(b) the deliberate misleading of Territorians in relation to that sacking;
(c) his refusal to provide an adequate explanation for his action;
(d) the continuing undermining of the loyal and dedicated staff of the Parks and Wildlife Commission;
(e) placing the management of the Territory’s parks and its flora and fauna at risk; and
(f) doing immeasurable damage to those parks and their position as vital icons and attractions for the tourism industry.
(Paper 399)
Debate ensued.
Paper tabled: The Leader of the Opposition (Mr Burke), by leave, laid on the Table the following Paper –
Government Gazette No. 47, dated 13 November 2001 re notification of appointment of Director of Parks and Wildlife
(William John Freeland (Paper 400).
Debate continued.
Paper tabled: The Minister for Parks and Wildlife (Mr Vatskalis) laid on the Table the following Paper -
Extract, Letters to the Editor – We lost the lead, Northern Territory News, dated 15 June 2002 (Paper 401); and
Extracts from Northern Territory News re public service job losses during CLP’s terms of office (Paper 402).
Debate continued.
The Leader of Government Business (Mr Stirling) moved – That the question be now put.
Question - put and passed.
Question – That the motion be agreed to – put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 9 NOES, 13
Mr Baldwin Mrs Aagaard
Mr Burke Mr Ah Kit
Ms Carney Mr Bonson
Ms Carter Dr Burns
Mr Dunham Mr Henderson
Dr Lim Mr Kiely
Mr Maley Ms Lawrie
Mr Mills Ms Martin
Mr Reed Mr McAdam
Ms Scrymgour
Mr Stirling
Dr Toyne
Mr Vatskalis
Motion negatived accordingly.
The following notices were given:
Mr Stirling: To move – That, unless otherwise ordered, and notwithstanding anything contained in the Standing Orders, the Assembly shall proceed each day with its Ordinary Business in the following routine:-
(1) Prayers
(2) Petitions
(3) Ministerial Reports
(4) Government Business - Notices and Orders of the Day
(5) At 2pm Notices
(6) Questions
(7) Government Business - Notices and Orders of the Day
(8) Papers
(9) Ministerial Statements
(10) Discussion pursuant to standing order 94 (Matter of Public Importance)
(11) Adjournment
Dr Toyne: To present the Consumer Affairs and Fair Trading Amendment Bill 2002 (Serial 67).
Dr Toyne: To present the Prices Regulation Amendment Bill 2002 (Serial 69).
Dr Toyne: To present the Hotel-keepers Amendment Bill 2002 (Serial 68).
Dr Toyne: To present the Auctioneers Act Repeal (Consequential Amendments) Bill 2002 (Serial 66).
Dr Toyne: To present the Auctioneers Act Repeal Bill 2002 (Serial 65).
Mr Burke: To present the Volunteers Protection Bill 2002 (Serial 76).
Mr Burke: To present the Stamp Duty Amendment Bill 2002 (Serial 75).
Mr Burke: To move - That this Assembly noting the hurt being inflicted on community organisations, sporting clubs and not-for-profit organisations by the continuing rise in public liability insurance and that Territory businesses are continuing to suffer hard times due to increasing costs and taxes, calls on the Government to –
1. refund any stamp duty not-for profit organisations have had to pay to the Territory Government on their insurance premiums relating to public liability insurance since 1 July 2001;
2. urgently amend the Stamp Duty Act or its regulations to exempt not-for-profit organisations from having to pay such stamp duty from 1 July 2002;
3. refund that proportion of the stamp duty relating to any increase in public liability insurance premiums that Territory businesses have had to pay to the Territory Government since 1 July 2001; and
4. place a cap on the amount of stamp duty imposed on Territory businesses for their public liability insurance premiums where the risk insured has not materially changed so that only that proportion of the premium in place before 1 July 2001 attracts stamp duty.
Mr Burke: To move - That this Assembly establish a Select Committee of the Legislative Assembly, (as per Standing Orders 260-283) comprising two Government MLAs, two Opposition MLAs and one Independent MLA, to urgently investigate:
1. Whether –
(a) a Territory wide accident compensation scheme to provide accident insurance for personal injuries caused by –
Accident
Work-related gradual process disease or infection
Medical mishap or error;
could and should be established in the Territory;
(b) such a scheme should subsume or exclude the present MACA and Workers’ Compensations schemes now operating in the Territory; and
(c) such a scheme would obviate the need for any other form of public liability insurance in the Territory; and
2. How such schemes operate elsewhere with particular reference to that which presently operates in New Zealand.
And the committee be able to –
(a) adjourn from place to place;
(b) to send for persons, papers and records; and
(c) to sit during any sitting or adjournment of the Assembly.
And the committee report its proceedings and findings to the Assembly no later than the September sittings of the Assembly.
Ms Carney: To present the Juries Amendment Bill 2002 (Serial 74).
10. PERSONAL EXPLANATION:
The Minister for Health and Community Services (Mrs Aagaard) made a personal explanation regarding an article in The Australian concerning contact with the Minister for Central Australia and a doctor. Mrs Aagaard reported that while the Minister had had no personal contact with a doctor from Docker River, his office had been in contact with the doctor.
11. QUESTIONS:
14.20pm Mr Burke to Mrs Aagaard.
Paper tabled: The Minister for Health and Community Services (Mrs Aagaard) laid on the Table the following Paper –
Memorandum to Caroline Holdstock, dated 18 June 2002 re Paul Bartholomew departure as CEO of Health (Paper 403).
14.22pm Dr Burns to Ms Martin.
14.30pm Mr Wood to Ms Martin.
14.31pm Mr Dunham to Mrs Aagaard.
14.35pm Ms Scrymgour to Ms Martin.
14.42pm Dr Lim to Mrs Aagaard.
14.44pm Mr Wood to Mr Vatskalis.
14.46pm Mr Burke to Mrs Aagaard.
14.49pm Mr Kiely to Ms Martin.
14.52pm Mr McAdam to Mr Stirling.
Paper tabled: The Minister (Mr Stirling) laid on the Table the following Paper –
Graph, Community Benefit Fund Small Grant Program, monthly allocations July 1998 to December 2001 (Paper 404).
14.58pm Mr Dunham to Mrs Aagaard.
14.59pm Mr Bonson to Mr Henderson.
15.10pm Mr Elferink to Mr Vatskalis.
15.12pm Mr Wood to Dr Toyne.
15.14pm Dr Burns to Dr Toyne.
Paper tabled: The Minister for Justice and Attorney-General (Dr Toyne) laid on the Table the following Paper –
Tough on Drugs, Three Point Plan, Supreme Court cases linking illicit drug use to property crime (Paper 405).
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Written Question Paper.
12. PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL 2002 (Serial 51):
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 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.
13. SUPPLY BILL 2002/2003 (Serial 52):
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 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 Treasurer (Ms Martin) the Bill was read a third time and passed to be a proposed law.
14. CRIMINAL PROPERTY FORFEITURE BILL 2002 (Serial 60), and CRIMINAL PROPERTY FORFEITURE (CONSEQUENTIAL AMENDMENTS) BILL 2002 (Serial 61):
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 ensued.
Question – put and passed.
Bills read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
Criminal Property Forfeiture Bill 2002 (Serial 60):
Clauses 1 to 62, by leave, taken together and agreed.
Clause 63 read.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to -
Omit from subclause 4 (second reference) “owner” and insert in its stead “objector”.
Clause 63, as amended, agreed to.
Clause 64 read.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to -
Omit from subclause 4 (second reference) “owner” and insert in its stead “objector”. –
Clause 64, as amended, agreed to.
Clauses 65 to 94, by leave, taken together and agreed to.
Clause 95 read.
On the motion of Dr Toyne the following amendment was agreed to –
Insert after subclause (5) –
“(6) In this section, an objection is taken to have been heard and determined if it is withdrawn, discontinued or otherwise lapses through want of prosecution.”.
Clause 95, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Criminal Property Forfeiture (Consequential Amendments) Bill 2002 (Serial 61):
Bill, by leave, taken as a whole.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to –
Clause 5 -
Omit from proposed subsection 4(b) the words “not crime-derived property” and insert in their stead “crime-used property”.
Clause 5, as amended, agreed to.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
Criminal Property Forfeiture Bill 2002 (Serial 60), with amendments; and
Criminal Property Forfeiture (Consequential Amendments) Bill 2002 (Serial 61), with an amendment.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the Bills were read a third time and passed to be proposed laws.
15. CRIMINAL CODE AMENDMENT (WITNESS INTIMIDATION) BILL 2002 (Serial 48):
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 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.
16. CRIMINAL RECORDS (SPENT CONVICTIONS) AMENDMENT BILL 2002 (Serial 49):
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 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.
17. ECONOMIC DEVELOPMENT STRATEGY – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
The Chief Minister (Ms Martin) made a statement relating to the plans for the future of the Territory and an economic development strategy, Building a Better Territory (Paper 406).
Paper tabled: The Chief Minister (Ms Martin) laid on the Table the following Paper –
Building a Better Territory, The Economic Development Strategy for the Northern Territory, June 2002 (Paper 407).
Ms Martin moved – That the Assembly take note of the Statement.
Debate ensued.
And the Bells having been rung and a quorum obtained.
On the motion of the Member for Port Darwin (Ms Carter) debate was adjourned.
18. ADJOURNMENT:
The Minister for Business, Industry and Resource Development (Mr Henderson) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 8.05pm until Wednesday 19 June 2002 at 10am.
PAPERS:
The following Papers were deemed to have been presented on Tuesday 18 June 2002:
Annual Reports
Heritage Advisory Council, 2000/2001 (Paper 395)
Parole Board of the Northern Territory, 2001 (Paper 394)
Financial Management Act
Direction – Transfer of Excess Allocations between Activities, pursuant to section 20(1)(a), signed Administrator, dated 5 June 2002 (Paper 398)
Variation of Allocation to Activity, Various agencies, pursuant to section 23(1), signed Treasurer, dated 16 May 2002 (Paper 397)
Regulations 2002
No. 14, Amendment of Port By-Laws (Paper 396)
All Members attended the sittings.
The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 23 May 2002. The Speaker,
the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. MESSAGE FROM ADMINISTRATOR:
The speaker laid on the Table Message No. 5 from His Honour the Administrator advising of his assent to proposed laws passed by the Assembly during the May 2002 sittings which read as follows:
Message No. 5
Assent to Proposed Laws
Assent to Proposed Laws
I, JOHN CHRISTOPHER ANICTOMATIS, the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:
7 June 2002
Bail Amendment Act 2002 (No. 12 of 2002)
Corporations (Financial Services Reform Amendments) Act 2002 (No. 16 of 2002)
Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Act 2002 (No. 11 of 2002)
First Home Owner Grant Amendment Act 2002 (No. 22 of 2002)
Interpretation Amendment Act 2002 (No. 14 of 2002)
Meat Industries Amendment Act 2002 (No. 19 of 2002)
Parole of Prisoners Amendment Act 2002 (No. 13 of 2002)
Penalties Amendment Act 2002 (No. 15 of 2002)
Police Administration Amendment Act (No. 2) 2002 (No. 20 of 2002)
Statute Law Revision Act 2002 (No. 18 of 2002)
Witness Protection (Northern Territory) Act 2002 (No. 21 of 2002)
Work Health Amendment Act 2002 (No. 23 of 2002)
Workmen’s Liens Amendment Act 2002 (No. 17 of 2002)
Dated 14 June 2002.
Sgd
J C Anictomatis
Administrator (Paper 391)
4. VISITORS:
The Speaker advised Members of the presence in the public gallery of Year 7 students from St Mary’s Primary School accompanied by their teacher, Ms Lyn Taylor and Ms Margaret Hannan.
The Speaker advised Members of the presence in the public gallery of family, friends and colleagues of Big Bill Neidjie OAM.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
5. CONDOLENCE - BILL NEIDJIE, OAM – MOTION AGREED TO:
The Speaker, with deep regret, advised of the death on 23 May 2002 of Big Bill Neidjie OAM, a leader of the Gagadju people from the Kakadu Region of the Territory.
The Chief Minister (Ms Martin), by leave, moved - That this Assembly express its deep regret at the death on 23 May 2002 of Big Bill Neidjie OAM, a leader of the Gagadju people from the Kakadu region of the Territory and place on record its appreciation of his contribution to the advancement of the Aboriginal people and to the development of Kakadu National Park which bears the name of his people.
Ms Martin thereupon addressed the Assembly.
Debate ensued.
Question – put and passed.
Motion agreed to.
As a mark of respect Members stood in their places for one minute, in silence.
6. PETITIONS:
Response to Petitions:
The Clerk, pursuant, to Standing Order 100A advised that a response to petitions Nos. 10 (Paper 392), 11 and 12 (Paper 393) had been received and circulated to Members. The text of the response will be included in the Hansard record.
7. MINISTERIAL REPORTS:
Timor Sea gas: The Chief Minister (Ms Martin) made a report on the opportunities for the Territory arising from development of the Timor Sea gas fields.
Mr Burke responded thereto.
Ms Martin responded accordingly.
National Competition Policy Agreements: The Chief Minister (Ms Martin) made a report on the principles of national competition policy and associated legislative program proposed for this sittings.
Conservation and National Parks Resource Areas: The Minister for Parks and Wildlife (Mr Vatskalis) made a report on a review of the Department of Parks and Wildlife and the departure of the departmental CEO.
Mr Burke responded thereto.
And in responding the Leader of the Opposition (Mr Burke) moved a motion of censure.
8. CENSURE OF MINISTER FOR PARKS AND WILDLIFE – MOTION NEGATIVED:
Suspension of Standing Orders: The Leader of the Opposition (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent him moving a motion to censure the Minister for Parks and Wildlife (Mr Vatskalis) relating to the circumstances of the removal of the former CEO of the Department of Parks and Wildlife.
The Leader of Government Business (Mr Stirling) informed the Assembly that the Government would, pursuant to Standing Order 95, accept the motion as a censure motion.
The Leader of the Opposition (Mr Burke) thereupon moved – That this Assembly censure the Minister for Parks and Wildlife for:
(a) the shameful way he disposed of the Director of the Parks and Wildlife Commission;
(b) the deliberate misleading of Territorians in relation to that sacking;
(c) his refusal to provide an adequate explanation for his action;
(d) the continuing undermining of the loyal and dedicated staff of the Parks and Wildlife Commission;
(e) placing the management of the Territory’s parks and its flora and fauna at risk; and
(f) doing immeasurable damage to those parks and their position as vital icons and attractions for the tourism industry.
(Paper 399)
Debate ensued.
Paper tabled: The Leader of the Opposition (Mr Burke), by leave, laid on the Table the following Paper –
Government Gazette No. 47, dated 13 November 2001 re notification of appointment of Director of Parks and Wildlife
(William John Freeland (Paper 400).
Debate continued.
Paper tabled: The Minister for Parks and Wildlife (Mr Vatskalis) laid on the Table the following Paper -
Extract, Letters to the Editor – We lost the lead, Northern Territory News, dated 15 June 2002 (Paper 401); and
Extracts from Northern Territory News re public service job losses during CLP’s terms of office (Paper 402).
Debate continued.
The Leader of Government Business (Mr Stirling) moved – That the question be now put.
Question - put and passed.
Question – That the motion be agreed to – put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 9 NOES, 13
Mr Baldwin Mrs Aagaard
Mr Burke Mr Ah Kit
Ms Carney Mr Bonson
Ms Carter Dr Burns
Mr Dunham Mr Henderson
Dr Lim Mr Kiely
Mr Maley Ms Lawrie
Mr Mills Ms Martin
Mr Reed Mr McAdam
Ms Scrymgour
Mr Stirling
Dr Toyne
Mr Vatskalis
Motion negatived accordingly.
————————
Suspension of sitting: The sitting of the Assembly was suspended between 12.17pm and 2.15pm————————
9. NOTICES:The following notices were given:
Mr Stirling: To move – That, unless otherwise ordered, and notwithstanding anything contained in the Standing Orders, the Assembly shall proceed each day with its Ordinary Business in the following routine:-
(1) Prayers
(2) Petitions
(3) Ministerial Reports
(4) Government Business - Notices and Orders of the Day
(5) At 2pm Notices
(6) Questions
(7) Government Business - Notices and Orders of the Day
(8) Papers
(9) Ministerial Statements
(10) Discussion pursuant to standing order 94 (Matter of Public Importance)
(11) Adjournment
Dr Toyne: To present the Consumer Affairs and Fair Trading Amendment Bill 2002 (Serial 67).
Dr Toyne: To present the Prices Regulation Amendment Bill 2002 (Serial 69).
Dr Toyne: To present the Hotel-keepers Amendment Bill 2002 (Serial 68).
Dr Toyne: To present the Auctioneers Act Repeal (Consequential Amendments) Bill 2002 (Serial 66).
Dr Toyne: To present the Auctioneers Act Repeal Bill 2002 (Serial 65).
Mr Burke: To present the Volunteers Protection Bill 2002 (Serial 76).
Mr Burke: To present the Stamp Duty Amendment Bill 2002 (Serial 75).
Mr Burke: To move - That this Assembly noting the hurt being inflicted on community organisations, sporting clubs and not-for-profit organisations by the continuing rise in public liability insurance and that Territory businesses are continuing to suffer hard times due to increasing costs and taxes, calls on the Government to –
1. refund any stamp duty not-for profit organisations have had to pay to the Territory Government on their insurance premiums relating to public liability insurance since 1 July 2001;
2. urgently amend the Stamp Duty Act or its regulations to exempt not-for-profit organisations from having to pay such stamp duty from 1 July 2002;
3. refund that proportion of the stamp duty relating to any increase in public liability insurance premiums that Territory businesses have had to pay to the Territory Government since 1 July 2001; and
4. place a cap on the amount of stamp duty imposed on Territory businesses for their public liability insurance premiums where the risk insured has not materially changed so that only that proportion of the premium in place before 1 July 2001 attracts stamp duty.
Mr Burke: To move - That this Assembly establish a Select Committee of the Legislative Assembly, (as per Standing Orders 260-283) comprising two Government MLAs, two Opposition MLAs and one Independent MLA, to urgently investigate:
1. Whether –
(a) a Territory wide accident compensation scheme to provide accident insurance for personal injuries caused by –
Accident
Work-related gradual process disease or infection
Medical mishap or error;
could and should be established in the Territory;
(b) such a scheme should subsume or exclude the present MACA and Workers’ Compensations schemes now operating in the Territory; and
(c) such a scheme would obviate the need for any other form of public liability insurance in the Territory; and
2. How such schemes operate elsewhere with particular reference to that which presently operates in New Zealand.
And the committee be able to –
(a) adjourn from place to place;
(b) to send for persons, papers and records; and
(c) to sit during any sitting or adjournment of the Assembly.
And the committee report its proceedings and findings to the Assembly no later than the September sittings of the Assembly.
Ms Carney: To present the Juries Amendment Bill 2002 (Serial 74).
10. PERSONAL EXPLANATION:
The Minister for Health and Community Services (Mrs Aagaard) made a personal explanation regarding an article in The Australian concerning contact with the Minister for Central Australia and a doctor. Mrs Aagaard reported that while the Minister had had no personal contact with a doctor from Docker River, his office had been in contact with the doctor.
11. QUESTIONS:
14.20pm Mr Burke to Mrs Aagaard.
Paper tabled: The Minister for Health and Community Services (Mrs Aagaard) laid on the Table the following Paper –
Memorandum to Caroline Holdstock, dated 18 June 2002 re Paul Bartholomew departure as CEO of Health (Paper 403).
14.22pm Dr Burns to Ms Martin.
14.30pm Mr Wood to Ms Martin.
14.31pm Mr Dunham to Mrs Aagaard.
14.35pm Ms Scrymgour to Ms Martin.
14.42pm Dr Lim to Mrs Aagaard.
14.44pm Mr Wood to Mr Vatskalis.
14.46pm Mr Burke to Mrs Aagaard.
14.49pm Mr Kiely to Ms Martin.
14.52pm Mr McAdam to Mr Stirling.
Paper tabled: The Minister (Mr Stirling) laid on the Table the following Paper –
Graph, Community Benefit Fund Small Grant Program, monthly allocations July 1998 to December 2001 (Paper 404).
14.58pm Mr Dunham to Mrs Aagaard.
14.59pm Mr Bonson to Mr Henderson.
15.10pm Mr Elferink to Mr Vatskalis.
15.12pm Mr Wood to Dr Toyne.
15.14pm Dr Burns to Dr Toyne.
Paper tabled: The Minister for Justice and Attorney-General (Dr Toyne) laid on the Table the following Paper –
Tough on Drugs, Three Point Plan, Supreme Court cases linking illicit drug use to property crime (Paper 405).
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Written Question Paper.
12. PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL 2002 (Serial 51):
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 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.
13. SUPPLY BILL 2002/2003 (Serial 52):
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 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 Treasurer (Ms Martin) the Bill was read a third time and passed to be a proposed law.
14. CRIMINAL PROPERTY FORFEITURE BILL 2002 (Serial 60), and CRIMINAL PROPERTY FORFEITURE (CONSEQUENTIAL AMENDMENTS) BILL 2002 (Serial 61):
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 ensued.
Question – put and passed.
Bills read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
–––––––––––––––––––––
In Committee
(Chairman – Mr Wood)
In Committee
(Chairman – Mr Wood)
Criminal Property Forfeiture Bill 2002 (Serial 60):
Clauses 1 to 62, by leave, taken together and agreed.
Clause 63 read.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to -
Omit from subclause 4 (second reference) “owner” and insert in its stead “objector”.
Clause 63, as amended, agreed to.
Clause 64 read.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to -
Omit from subclause 4 (second reference) “owner” and insert in its stead “objector”. –
Clause 64, as amended, agreed to.
Clauses 65 to 94, by leave, taken together and agreed to.
Clause 95 read.
On the motion of Dr Toyne the following amendment was agreed to –
Insert after subclause (5) –
“(6) In this section, an objection is taken to have been heard and determined if it is withdrawn, discontinued or otherwise lapses through want of prosecution.”.
Clause 95, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Criminal Property Forfeiture (Consequential Amendments) Bill 2002 (Serial 61):
Bill, by leave, taken as a whole.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to –
Clause 5 -
Omit from proposed subsection 4(b) the words “not crime-derived property” and insert in their stead “crime-used property”.
Clause 5, as amended, agreed to.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
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The Assembly resumed; the Acting Deputy Speaker (Mr Elferink) resumed the Chair; and the Chairman (Mr Wood) reported that the Committee had considered the Bills and agreed to - Criminal Property Forfeiture Bill 2002 (Serial 60), with amendments; and
Criminal Property Forfeiture (Consequential Amendments) Bill 2002 (Serial 61), with an amendment.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the Bills were read a third time and passed to be proposed laws.
15. CRIMINAL CODE AMENDMENT (WITNESS INTIMIDATION) BILL 2002 (Serial 48):
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 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.
16. CRIMINAL RECORDS (SPENT CONVICTIONS) AMENDMENT BILL 2002 (Serial 49):
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 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.
17. ECONOMIC DEVELOPMENT STRATEGY – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
The Chief Minister (Ms Martin) made a statement relating to the plans for the future of the Territory and an economic development strategy, Building a Better Territory (Paper 406).
Paper tabled: The Chief Minister (Ms Martin) laid on the Table the following Paper –
Building a Better Territory, The Economic Development Strategy for the Northern Territory, June 2002 (Paper 407).
Ms Martin moved – That the Assembly take note of the Statement.
Debate ensued.
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Quorum: The Member for Katherine (Mr Reed) drew the attention of the Speaker to the lack of a quorum of the Assembly. And the Bells having been rung and a quorum obtained.
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Debate continued.On the motion of the Member for Port Darwin (Ms Carter) debate was adjourned.
18. ADJOURNMENT:
The Minister for Business, Industry and Resource Development (Mr Henderson) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 8.05pm until Wednesday 19 June 2002 at 10am.
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PAPERS:
The following Papers were deemed to have been presented on Tuesday 18 June 2002:
Annual Reports
Heritage Advisory Council, 2000/2001 (Paper 395)
Parole Board of the Northern Territory, 2001 (Paper 394)
Financial Management Act
Direction – Transfer of Excess Allocations between Activities, pursuant to section 20(1)(a), signed Administrator, dated 5 June 2002 (Paper 398)
Variation of Allocation to Activity, Various agencies, pursuant to section 23(1), signed Treasurer, dated 16 May 2002 (Paper 397)
Regulations 2002
No. 14, Amendment of Port By-Laws (Paper 396)
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ATTENDANCE:All Members attended the sittings.
Last updated: 04 Aug 2016