Minutes of Proceedings - 2001-06-26
Eighth Assembly First Session 26/06/2001 Parliamentary Record No. 29
__________________________________________________________________________________
Date : 26/06/2001__________________________________________________________________________________
1. MEETING:
2. PRAYERS.
3. PETITIONS:
4. QUESTIONS:
Letter, Hon J Howard, Prime Minister to Hon D Burke, Chief Minister re HIV/AIDS awareness and prevention in foreign nationals in East Timor (Paper 2518).
6. CORPORATIONS (NORTHERN TERRITORY REQUEST) BILL 2001 (Serial 331); CORPORATIONS REFORM (NORTHERN TERRITORY) BILL 2001 (Serial 333); CORPORATIONS (NORTHERN TERRITORY) AMENDMENT BILL 2001 (Serial 332); and CORPORATIONS REFORM (CONSEQUENTIAL AMENDMENTS NT) BILL 2001 (Serial 334):
Corporations Reform (Northern Territory) Bill 2001 (Serial 333), with an amendment;
Corporations (Northern Territory) Amendment Bill 2001 (Serial 332), without amendment; and
Corporations Reform (Consequential Amendments NT) Bill 2001 (Serial 334), with amendments.
Details of Interstate Travel, summary of interstate travellers accompanying minister (excluding ministerial staff) 1 July 2000 to 31 May 2001 (Paper 2527);
Protocol Functions Summary, July 2000 to June 2001 by minister and function (Paper 2529);
Detail of Overseas Travel, summary of overseas travel by minister, 1 July 2000 to 31 May 2001
(Paper 2530);
Detail of Overseas Travel, summary of people accompanying Ministers (excluding ministerial staff) on overseas travel, 1 July 2000 to 31 May 2001 (Paper 2528);
Department of the Chief Minister, Advisory Fees Program 2000/01 expenditure to date 31 May 2001 (Paper 2525);
Legal Expenses 2000/01 expenditure by program and organisation (Paper 2524);
Youth Grants 2000/01 expenditure to date (31 May 2001) – National Youth Week (Paper 2531);
Youth Grants 2000/01 expenditure to date (31 May 2001) - Youth Development /Leadership
(Paper 2532); and
Youth Grants 2000/01 expenditure to date (31 May 2001) - Drug and Alcohol Free Entertainment
(Paper 2533).
Overseas Travel pursuant to Remuneration Tribunal Determination paragraph 9.1, and Commonwealth Parliamentary Association overseas travel (Paper 2535).
Police Staffing - Barkly Region 2000/2001 (Paper 2537).
(Paper 2539);
Northern Territory Public Sector personnel held against positions and who are not permanent employees by Agency (Paper 2540); and
Leased Properties across the whole of government by Agency and Department 2000/2001 (Paper 2541).
__________________________________________________________________________________
Date : 26/06/2001
1. MEETING:
- The Assembly met at 10.00 h, pursuant to resolution of the Assembly, dated Thursday 7 June 2001. The Speaker, the Honourable T. R. McCarthy, took the Chair.
2. PRAYERS.
3. PETITIONS:
- The Member for Nhulunbuy (Mr Stirling), by leave, presented a petition from 2630 petitioners relating to the “Home Station” policy rendering the emergency rescue tender at the Palmerston Station unable to respond to incidents which occur in the Palmerston and rural communities and the inadequate staffing which contributes to an unworkable roster. (Paper 2515)
Petition read.
The Member for Stuart (Dr Toyne) presented a petition from 98 petitioners relating to financial problems in the Willowra Community Council have occurred; and praying that the Office of Local Government guarantee ongoing funding; continue its efforts to bring the culprits to justice; and convene a round table conference with the Willowra Community, Central Land Council, ATSIC, the Office of Local Government, the Minister for Local Government and local members of the federal government and Northern Territory Legislative Assembly. (Paper 2516)
Petition read.
4. QUESTIONS:
- 10:06 Ms Martin to Mr Palmer.
10:13 Ms Carter to Mr Burke.
Paper tabled: The Chief Minister (Mr Burke) laid on the Table the following Papers –
Letter, Hon J Howard, Prime Minister to Hon D Burke, Chief Minister re HIV/AIDS awareness and prevention in foreign nationals in East Timor (Paper 2518).
10:20 Mrs Hickey to Mr Dunham.
10:23 Mr Balch to Mr Reed.
10:29 Mr Henderson to Mr Dunham.
Paper tabled: The Member for Wanguri (Mr Henderson), by leave, laid on the Table the following Paper -
10:33 Mr Hatton to Mr Reed.
10:38 Mr Henderson to Mr Dunham.
10:40 Mr Elferink to Mr Dunham.
10:47 Mr Henderson to Mr Dunham.
The Leader of Government Business (Mr Palmer) asked that further questions be placed on the Question Paper.
- The Member for Wanguri (Mr Henderson) moved - That the Assembly censure the Minister for Health, Family and Children’s Services relating to the Tracy Aged Care facility.
The Leader of Government Business (Mr Palmer) informed the Assembly that the Government accepted the motion as a censure motion, pursuant to Standing Order 95.
The Member for Wanguri (Mr Henderson) thereupon moved – That so much of Standing Orders be suspended as would prevent him moving a motion forthwith, in the following terms:
This Assembly censure the Minister for Health, Family and Children’s Services for –
(a) failing in his ministerial responsibilities to the elderly residents of Tracy Lodge;
(b) continuing to support the Director of Tracy Aged Care;
(c) failing to allocate Territory Health Funds to Nursing Homes on an equitable basis; and
(d) allowing the Director of Tracy Aged Care, a well-connected CLP mate, to influence him in the carriage of his responsibilities. (Paper 2520)
- Debate ensued.
Return to Order, request to Table document – Standing Order 256: The Chief Minister (Mr Burke), pursuant to Standing Order 256, asked that Mr Henderson Table the letter he had quoted from during debate.
Mr Henderson undertook to Table the paper at the end of his speech.
Debate continued.
The Member for Barkly (Mrs Hickey) moved - That the Member for Wanguri (Mr Henderson) be granted an extension of time to complete his speech.
Objection being raised.
Question – put - That the Member for Wanguri (Mr Henderson) be granted an extension of time to complete his speech.
The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -
AYES, 7 NOES, 15
Mr Ah Kit Mr Adamson
Mr Henderson Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Ms Carter
Mr Stirling Mr Dunham
Dr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Motion negatived accordingly.
Debate continued.
Paper tabled: The Minister for Health, Family and Children’s Services (Mr Dunham) laid on the Table the following Paper -
Debate continued.
Return to Order – document Tabled: The Member for Wanguri (Mr Henderson), pursuant to a Return to Order under Standing Order 256, laid on the Table the following Paper –
Debated continued.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -
AYES, 16 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Henderson
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Ms Carter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Dr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr Manzie
Mr Mills
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Henderson Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Ms Carter
Mr Stirling Mr Dunham
Dr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mills
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Motion negatived accordingly.
—————————
Suspension of sittings: The sittings of the Assembly was suspended between 12:40 h and 14:45 h.—————————
6. CORPORATIONS (NORTHERN TERRITORY REQUEST) BILL 2001 (Serial 331); CORPORATIONS REFORM (NORTHERN TERRITORY) BILL 2001 (Serial 333); CORPORATIONS (NORTHERN TERRITORY) AMENDMENT BILL 2001 (Serial 332); and CORPORATIONS REFORM (CONSEQUENTIAL AMENDMENTS NT) BILL 2001 (Serial 334):
- Suspension of Standing Orders The Chief Minister (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent the Corporations (Northern Territory Request) Bill 2001 (Serial 331), Corporations Reform (Northern Territory) Bill 2001 (Serial 333), Corporations (Northern Territory) Amendment Bill 2001 (Serial 332), and Corporations Reform (Consequential Amendments NT) Bill 2001 (Serial 334), passing through all stages at this sittings.
Question – put and passed – there being an absolute majority of the whole number of members present and no dissentient voice.
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 Mitchell)
In Committee
(Chairman – Mr Mitchell)
Bills, by leave, taken together.
The Attorney-General (Mr Burke), by leave, moved – That the Schedules of Amendments Nos. 96 and 97, standing in his name relating to the Corporations Reform (Northern Territory) Bill 2001(Serial 333) and Corporations Reform (Consequential Amendments NT) Bill 2001 (Serial 334), be taken together and put, forthwith.
Question – put and passed.
Mr Burke thereupon moved the Schedules of Amendments Nos. 96 and 97.
The consideration of the Bills was accordingly as follows:
Corporations (Northern Territory Request) Bill 2001 (Serial 331):
Bill, as printed, agreed to.
Bill to be reported, without amendment.
Corporations Reform (Northern Territory) Bill 2001 (Serial 333):
The Bill was amended as follows -
In Clause 8, omit subclause (4) and substitute the following:
- “(4) This section has effect despite Part III of the Acts Interpretation Act 1901 of the Commonwealth as in force on 1 November 2000.”.
Bill to be reported, with an amendment.
Corporations (Northern Territory) Amendment Bill 2001 (Serial 332):
Bill, as printed, agreed to.
Bill to be reported, without amendment.
Corporations Reform (Consequential Amendments NT) Bill 2001 (Serial 334):
The Bill was amended as follows -
In Clause 2 –
Omit from subclause (1) '16(1)(a)' and substitute '17(1) and (6)'; and
Add at the end the following:
- “(3) Section 16(6) comes into operation on 1 July 2001, but immediately after section 30 of the Financial Relations Agreement (Consequential Amendments) Act 2000 commences.”.
In Clause 4 –
Omit subclause (1)(b), (c) and (d) and substitute the following:
- '(b) by omitting from the definition of "Deputy Registrar" in subsection (1) all the words after "Business Names";
(c) by omitting from subsection (1) the definition of "director";'; and
Omit subclause (1)(f) and substitute the following:
- ‘(f) by omitting from the definition of "the Registrar" in subsection (1) all the words after "Business Names";'.
Insert after Clause 13 –
- '13A. Amendment of Northern Territory University Act
- 'Section 42 of the Northern Territory University Act is amended by omitting "in the Territory" and substituting "under and in accordance with a law in force in the Territory".'.
In Clause 16 –
Omit subclause (1)(b);
Omit from subclause (3)(e) 'that definition' and substitute 'the definition of "substantial holding" in that section';
Omit subclause (4) and substitute the following:
- '(4) Section 56N of the Taxation (Administration) Act is amended –
- (a) by omitting from subsection (4)(d) "Division 6 of Part 1.2 of Chapter 1 of the Corporations Law" and substituting "section 9 of the Corporations Act 2001"; and
(b) by omitting subsection (5)(a) and substituting the following:
- "(a) a subsidiary corporation within the meaning of section 9 of the Corporations Act 2001;".';
Omit from subclause (5) 'subsection (1)(a)' and substitute 'paragraph (a) of the definition of "private unit trust scheme" in subsection (1)';
Omit subclause (6) and substitute the following:
- '(6) Section 67 of the Taxation (Administration) Act is amended –
(a) by omitting paragraph (a) and substituting the following:
- "(a) of an Australian company taken to be registered in the Territory by virtue of section 119A of the Corporations Act 2001;"; and
In Clause 19 -
Omit 'Rules' (wherever occurring) and substitute 'Court Rules'.
In Schedule 2 –
Omit from the item relating to the AustralAsia Railway (Third Party) Access Act 'Section 3(1)' and substitute 'Clause 3(1) of the Schedule';
Omit from the item relating to the AustralAsia Railway (Third Party) Act the proposed amendment of the definition of 'associate' and substitute the following:
| '– definition of "associate" | "has the meaning given by the Corporations Law" | "means an associate within the meaning of Division 2 of Part 1.2 of the Corporations Act 2001" '. |
Omit from the item relating to the Pay-roll Tax Act 'and 17H(2)'.
Bill to be reported with amendments.
—————————
The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Mitchell) reported that the Committee had considered the following Bills and agreed to the –
Corporations Reform (Northern Territory) Bill 2001 (Serial 333), with an amendment;
Corporations (Northern Territory) Amendment Bill 2001 (Serial 332), without amendment; and
Corporations Reform (Consequential Amendments NT) Bill 2001 (Serial 334), with amendments.
Bills reported, reports adopted.
On the motion of the Attorney-General (Mr Burke) the Bills were read a third time and passed to be proposed laws.
- 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.
Suspension of Standing Orders: The Chief Minister (Mr Burke), by leave, moved – That so much of Standing Orders be suspended as would prevent the Appropriation Bill 2001/02 (Serial 308) passing through all stages at this sittings.
Question – put and passed.
Question – That the Bill be now read a second time – put and passed.
Bill read a second time.
- The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
In the Committee
(Chairman – Mr Mitchell)
(commenced 15:50 h)
In pursuance of Standing Order 188, the Committee proceeded to consider the Schedule of the Bill, in the order of proposed allocations for expenditure shown therein.
Proposed allocation specified for expenditure on the Activity within the Auditor-General’s Office –
Debate ensued.
Paper tabled: The Chief Minister (Mr Burke) laid on the Table the following Paper –
Debate continued.
Proposed allocation agreed to.
Proposed allocations specified for expenditure on the Activities within the Ombudsman’s Office -
Debate ensued.
Proposed allocations agreed to.
Ordered – That the proposed allocation specified for expenditure on the Activity relating to Ethnic Affairs under the Department of the Chief Minister be postponed until a later hour.
Proposed allocations specified for expenditure on the Activities within the Department of the Chief Minister -
Debate ensued.
Papers tabled: The Chief Minister (Mr Burke) laid on the Table the following Papers –
Details of Interstate Travel, summary of interstate travellers accompanying minister (excluding ministerial staff) 1 July 2000 to 31 May 2001 (Paper 2527);
Protocol Functions Summary, July 2000 to June 2001 by minister and function (Paper 2529);
Detail of Overseas Travel, summary of overseas travel by minister, 1 July 2000 to 31 May 2001
(Paper 2530);
Detail of Overseas Travel, summary of people accompanying Ministers (excluding ministerial staff) on overseas travel, 1 July 2000 to 31 May 2001 (Paper 2528);
Department of the Chief Minister, Advisory Fees Program 2000/01 expenditure to date 31 May 2001 (Paper 2525);
Legal Expenses 2000/01 expenditure by program and organisation (Paper 2524);
Youth Grants 2000/01 expenditure to date (31 May 2001) – National Youth Week (Paper 2531);
Youth Grants 2000/01 expenditure to date (31 May 2001) - Youth Development /Leadership
(Paper 2532); and
Youth Grants 2000/01 expenditure to date (31 May 2001) - Drug and Alcohol Free Entertainment
(Paper 2533).
Debate continued.
- Proposed allocations agreed to.
Proposed allocations specified for expenditure on the Activities within the Department of the Legislative Assembly -
Debate ensued.
Papers tabled: The Chief Minister (Mr Burke) laid on the Table the following Papers –
Overseas Travel pursuant to Remuneration Tribunal Determination paragraph 9.1, and Commonwealth Parliamentary Association overseas travel (Paper 2535).
Debate continued.
Proposed allocations agreed to.
Ordered that the Assembly reconsider allocations specified for expenditure on the Activities within the Department of the Chief Minister, Women’s Policy Unit -
Debate ensued.
Proposed allocation agreed to.
Proposed allocation specified for expenditure on the Activity within the Office of the Director of Public Prosecutions -
Debate ensued.
Proposed allocation agreed to.
Proposed allocation specified for expenditure on the Activity within the Anti-Discrimination Commission -
Debate ensued.
Proposed allocation agreed to.
Proposed allocations specified for expenditure on the Activities within the Office of Courts Administration -
Debate ensued.
Proposed allocations agreed to.
Proposed allocations specified for expenditure on the Activities within the Northern Territory Attorney-General’s Department -
Debate ensued.
Proposed allocations agreed to.
Proposed allocation specified for expenditure on the Activity within the Northern Territory Railway -
Debate ensued.
Proposed allocation agreed to.
Proposed allocations specified for expenditure on the Activities within the Northern Territory Treasury -
Debate ensued.
Proposed allocations agreed to.
Proposed allocations specified for expenditure on the Activities within the Northern Territory Treasury Corporation -
Debate ensued.
Proposed allocations agreed to.
Proposed allocation specified for expenditure on the Activity within the Treasurer’s Advance -
Proposed allocation agreed to.
Proposed allocations specified for expenditure on the Activities within the Northern Territory Tourist Commission -
Debate ensued.
Proposed allocations agreed to.
Proposed allocation specified for expenditure on the Activity within the Territory Discoveries –
Proposed allocation agreed to, without debate.
Proposed allocations specified for expenditure on the Activities within the Northern Territory Police, Fire and Emergency Services -
Debate ensued.
Papers tabled: The Minister for Police, Fire and Emergency Services (Mr Reed) laid on the Table the following Papers –
Police Staffing - Barkly Region 2000/2001 (Paper 2537).
Debate continued.
Proposed allocations agreed to.
Proposed allocations specified for expenditure on the Activities within the Parks and Wildlife Commission of the Northern Territory -
Debate ensued.
Paper tabled: The Minister for Parks and Wildlife Commission of the Northern Territory (Mr Reed) laid on the Table the following Paper –
Debate continued.
Proposed allocations agreed to.
Proposed allocation specified for expenditure on the Activity within the Territory Wildlife Parks –
Proposed allocation agreed to, without debate.
Proposed allocations specified for expenditure on the Activities within the Office of the Commissioner for Public Employment -
Debate ensued.
Papers tabled: The Minister for Public Employment (Mr Reed) laid on the Table the following Papers –
(Paper 2539);
Northern Territory Public Sector personnel held against positions and who are not permanent employees by Agency (Paper 2540); and
Leased Properties across the whole of government by Agency and Department 2000/2001 (Paper 2541).
- Debate continued.
Proposed allocations agreed to.
Proposed allocations specified for expenditure on the Activities within the Department of Industries and Business -
Debate ensued.
Proposed allocations agreed to.
Proposed allocation specified for expenditure on the Activity within the Aboriginal Areas Protection Authority -
Debate ensued.
Proposed allocation agreed to.
Proposed allocations specified for expenditure on the Activities within the Department of Lands, Planning and Environment -
Debate ensued.
Proposed allocations agreed to.
The Leader of Government Business (Mr Palmer) moved – That the Committee do report progress and seek leave to sit again.
Question – put and passed.
(23:40 h 26 June 2001)
The Assembly resumed; the Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Mitchell) reported accordingly; and the report was adopted.
- The Leader of Government Business (Mr Palmer) moved – That pursuant to Standing Order 225 –
(1) That, unless otherwise ordered, at 10:00 h on Wednesday 27 June 2001 the Assembly resolve itself again into Committee of the Whole for further consideration of the Appropriation Bill 2001-2002 (Serial 308) and ;
(2) That this sitting of the Assembly be suspended until 10:00 h Wednesday 27 June 2001.
Question – put and passed.
____________________
Suspension of sitting: The sitting was suspended at 23:42 h on Tuesday 26 June 2001, until 10:00 h Wednesday 27 June 2001.
____________________
ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016