Minutes of Proceedings - 2001-10-17
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 Galleries of students from the Casuarina Street Primary School, Katherine, accompanied by Ms Sheryl Ann Courtney.
The Speaker further advised Members of the presence in the Galleries of students from the Oenpelli Area School, accompanied by Ms Irene Moran.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
4. PETITIONS:
The Member for Katherine (Mr Reed), by leave, presented a petition, not conforming with Standing Orders, from 3635 petitioners
relating to possible container deposit legislation for the Northern Territory. (Paper 30)
Petition read.
The Member for Nelson (Mr Wood) presented a petition from 6332 petitioners relating to the proposed declaration of Darwin Harbour
as a National Conservation Park. (Paper 31)
Petition read.
5. NOTICES:
The following notices were given:
Dr Toyne: To present the Sentencing Amendment Bill (No. 4) 2001 (Serial 15).
Dr Toyne: To present the Small Claims Amendment Bill 2001 (Serial 11).
Dr Toyne: To present the Local Court Amendment Bill 2001 (Serial 12).
Mr Burke: To move the following amendment to his motion relating to Terrorism in United States on 11 September 2001: Add at the end – That, the parliament:
(1) notes with regret that the sad day has come when once again our young men and women are called on to defend our freedom;
(2) while it regrets the need for the Australian forces to once again go to war, this Assembly acknowledges the need for them to do so to protect the values which all Territorians hold dear;
(3) notes and supports the special relationship between the people of the Northern Territory and members of the Australian Defence Forces and expresses its admiration for their commitment, professionalism and dedication to preserving and protecting our freedom;
(4) on behalf of the people of the Northern Territory, offers its total support to the actions of the Prime Minister in committing Australian forces to the war against terrorism; and
(5) acknowledges the young men and women themselves, and this Assembly affirms that they go with our total support and commitment, and the prayerful hope that all will return home unharmed.
6. MINISTERIAL REPORTS:
AustralAsia Railway progress: The Chief Minister (Ms Martin) made a report on the progress of the construction of the AustralAsia Railway.
Northern Territory Budget deficit: The Chief Minister (Ms Martin) made a report on the Northern Territory Budget deficit as indicated by Professor Percy Allan’s report on the Northern Territory Budget.
Economic Development Summit: The Minister for Industries and Business (Mr Henderson) made a report on the planned Business Summit to be conducted by government.
Local Government Awareness Week: The Minister for Local Government (Mr Vatskalis) made a report on the status of Local Government in the Northern Territory.
Reports noted pursuant to Sessional Order.
7. ORDER OF BUSINESS:
The Leader of Government Business (Mr Stirling) moved – That Government Business – Notices be rearranged in order that current Notices Nos. 4 to 7 be
first considered followed by Notice No. 3 and then No.1 and No. 2, in that order.
Question – put and passed.
8. JUVENILE JUSTICE AMENDMENT BILL (No. 2) 2001 (Serial 5), JUVENILE JUSTICE (CONSEQUENTIAL AMENDMENTS) BILL 2001 (Serial 6), SENTENCING AMENDMENT BILL (No. 3) 2001 (Serial 7), and SENTENCING (CONSEQUENTIAL AMENDMENTS) BILL 2001 (Serial 8):
Suspension of Standing Orders - take four Bills together: The Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as would prevent Bills entitled Juvenile Justice Amendment Bill (No. 2) 2001 (Serial 5), Juvenile Justice (Consequential Amendments) Bill 2001 (Serial 6), Sentencing Amendment Bill (No. 3) 2001 (Serial 7), and Sentencing (Consequential Amendments) Bill 2001 (Serial 8) –
(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 Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Justices Act; a Bill for an Act to repeal Part 4 of the
Sentencing of Juveniles (Miscellaneous Provisions) Act and the Juvenile Justice (Punitive Work Orders) Regulations consequential on the
enactment of the Juvenile Justice Amendment Act (No. 2) 2001; a Bill for an Act to amend the Sentencing Act; and a Bill for an Act to amend
various Acts and Regulations consequential on the enactment of the Sentencing Amendment Act (No. 3) 2001.
Bills read a first time.
Dr Toyne moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Member for Goyder (Mr Maley) debate was adjourned.
9. CRIMINAL CODE AMENDMENT BILL (No. 4) 2001 (Serial 4):
The Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
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. ORDER OF BUSINESS:
The Leader of Government Business (Mr Stirling) moved – That Government Business, Orders of the Day, No. 2 relating to the Address-in-Reply be called on forthwith.
Question – put and passed.
11. ADDRESS-IN-REPLY – MOTION:
The Order of the Day having been read for resumption of debate on the motion of the Chief Minister (Ms Martin) – That the following
Address-in-Reply be agreed to:
To His Honour the Administrator of the Northern Territory
MAY IT PLEASE YOUR HONOUR - We, the Legislative Assembly of the Northern Territory, in Parliament assembled, desire to
express our loyalty to our Most Gracious Sovereign, and to thank Your Honour for the Speech which you have been pleased to
address to the Assembly.
Debate ensued.
On the motion of the Member for Barkly (Mr McAdam) debate was adjourned.'
Suspension of sittings: The sittings of the Assembly was suspended between 11.54am and 2pm.
12. QUESTIONS:
2pm Mr Burke to Ms Martin.
2.04pm Mr Kiely to Ms Martin.
2.08pm Mr Reed to Mr Ah Kit.
2.11pm Mr McAdam to Ms Martin.
2.15pm Mr Elferink to Mr Ah Kit.
2.17pm Ms Lawrie to Ms Martin.
Paper tabled: The Chief Minister (Ms Martin) laid on the Table the following Paper –
2.24pm Mr Bonson to Dr Toyne.
2.27pm Ms Carter to Mr Ah Kit.
Paper tabled: The Member for Port Darwin (Ms Carter), by leave, laid on the Table the following Paper –
Tenders Online T01 - 1525 – Darwin – East Arm Port Development – Stage 2A – Construction of 110m Wharf Extension and Bulk Liquids Berth (Paper 39); and
Tenders Online T01 – 1249 Darwin – East Arm Port Development – Container Terminal and Railway Embankment
(Paper 38).
2.31pm Mr Kiely to Ms Martin.
2.35pm Mr Mills to Mr Ah Kit.
2.39pm Mr Burns to Mr Stirling.
2.42pm Mr Maley to Mr Ah Kit.
2.44pm Mr McAdam to Mr Toyne.
2.49pm Ms Carney to Mr Ah Kit.
Paper tabled: The Member for Araluen (Ms Carney), by leave, laid on the Table the following Paper –
Tenders Online – T 00 – 1827 – Darwin Correctional Centre – Construct New Low Security Facility, CAL categories 1.1ha Building Construction $5m plus is required. (Paper 40)
2.55pm Dr Burns to Mr Toyne.
2.58pm Mr Reed to Ms Martin.
Answer to questions: The Minister for Transport and Infrastructure Development (Mr Ah Kit) responded to a question asked
earlier during Questions relating to the capital works program of government.
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Question Paper.
13. FURTHER NOTICES:
The following further notices were given, by leave:
Dr Toyne: To present the Statute Law Revision Bill (No. 2) 2001 (Serial 19).
Dr Toyne: To present the Legal Practitioners Amendment Bill 2001 (Serial 20).
14. POLICE ADMINISTRATION AMENDMENT BILL 2001 (Serial 2) and JUSTICES AMENDMENT BILL (No. 2) 2001 (Serial 3):
Suspension of Standing Orders: The Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as
would prevent Bills entitled Police Administration Amendment Bill 2001 (Serial 2) and Justices Amendment Bill (No. 2) 2001 (Serial 3) –
(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 Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Police Administration Act and a Bill for
an Act to amend the Justices Act.
Bills read a first time.
Dr Toyne moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Member for Goyder (Mr Maley) debate was adjourned.
15. CRIMINAL CODE AMENDMENT BILL (No. 3) 2001 (Serial 1):
The Attorney-General (Dr Toyne), pursuant to notice, 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.
16. ADDRESS-IN-REPLY – MOTION:
The order of the day having been read for the resumption of debate on the motion of the Chief Minister (Ms Martin) – That the
following Address-in-Reply be agreed to:
On the motion of the Member for Barkly (Mr McAdam) debate was adjourned.
17. AUGUST 2001 AUDITOR-GENERAL’S REPORT TO THE LEGISLATIVE ASSEMBLY – REPORT TABLED REPORT PRINTED -
MOTION TO NOTE REPORT:
The Speaker laid on the Table the August 2001 Report from the Auditor-General to the Legislative Assembly. (Paper 41)
The Chief Minister (Ms Martin) moved – That the Report be printed.
Question – put and passed.
The Chief Minister (Ms Martin) moved – That the Assembly take note of the Report and that leave be granted to continue her
remarks at a later hour.
Question - put and passed.
Debate adjourned.
18. APPRECIATION TO AUSTRALIAN DEFENCE FORCE AND EXPRESSION OF SYMPATHY AND SUPPORT TO PEOPLE OF THE
UNITED STATES – MOTION AGREED TO:
General Business, Order of the Day, Notice No. 1, as amended by leave was called on.
The Chief Minister (Ms Martin), by leave, thereupon moved – That,
This Assembly:
Noting the tragic terrorist attacks in the United States of 11 September 2001 and the decision of the Australian Government
to commit the Australian Defence Force to participate in the conflict against terrorism:
records its profound sympathy for the people of the United States, and particularly for all who lost members of their family;
offers total support for the nations of the world, including Australia, to unite to combat terrorism;
affirms the special relationship between the people of the Northern Territory and the members of the Australian Defence Force and express its admiration for their commitment, professionalism and dedication to service;
affirms that the Australian Defence Force and its members have our total support and commitment and our solemn hope that all will return unharmed; and
recognises that within our borders, Territorians of all races, creeds and religions live harmoniously together in support of each other and are an example to people across the world.
Seconded by the Leader of the Opposition (Mr Burke).
Debate ensued.
Question – put and passed.
19. ADJOURNMENT:
The Leader of Government Business (Mr Stirling) moved - That the Assembly do now adjourn.
Question - put and passed.
The Assembly adjourned at 6.38pm until Thursday 18 October 2001 at 10am. PAPERS:
The following Papers were deemed to have been presented on Wednesday 17 October 2001:
Annual Reports:
Department of Asian Relations and Trade, 2000/2001 (Paper 36)
Department of Local Government, 2000/2001 (Paper 35)
Department of Sport and Recreation, 2000/2001 (Paper 33)
Office of Aboriginal Development, 2000/2001 (Paper 34)
Territory Health Services, 2000/2001 (Paper 32) ATTENDANCE:
All Members attended the sittings
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 Galleries of students from the Casuarina Street Primary School, Katherine, accompanied by Ms Sheryl Ann Courtney.
The Speaker further advised Members of the presence in the Galleries of students from the Oenpelli Area School, accompanied by Ms Irene Moran.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
4. PETITIONS:
The Member for Katherine (Mr Reed), by leave, presented a petition, not conforming with Standing Orders, from 3635 petitioners
relating to possible container deposit legislation for the Northern Territory. (Paper 30)
Petition read.
The Member for Nelson (Mr Wood) presented a petition from 6332 petitioners relating to the proposed declaration of Darwin Harbour
as a National Conservation Park. (Paper 31)
Petition read.
5. NOTICES:
The following notices were given:
Dr Toyne: To present the Sentencing Amendment Bill (No. 4) 2001 (Serial 15).
Dr Toyne: To present the Small Claims Amendment Bill 2001 (Serial 11).
Dr Toyne: To present the Local Court Amendment Bill 2001 (Serial 12).
Mr Burke: To move the following amendment to his motion relating to Terrorism in United States on 11 September 2001: Add at the end – That, the parliament:
(1) notes with regret that the sad day has come when once again our young men and women are called on to defend our freedom;
(2) while it regrets the need for the Australian forces to once again go to war, this Assembly acknowledges the need for them to do so to protect the values which all Territorians hold dear;
(3) notes and supports the special relationship between the people of the Northern Territory and members of the Australian Defence Forces and expresses its admiration for their commitment, professionalism and dedication to preserving and protecting our freedom;
(4) on behalf of the people of the Northern Territory, offers its total support to the actions of the Prime Minister in committing Australian forces to the war against terrorism; and
(5) acknowledges the young men and women themselves, and this Assembly affirms that they go with our total support and commitment, and the prayerful hope that all will return home unharmed.
6. MINISTERIAL REPORTS:
AustralAsia Railway progress: The Chief Minister (Ms Martin) made a report on the progress of the construction of the AustralAsia Railway.
Northern Territory Budget deficit: The Chief Minister (Ms Martin) made a report on the Northern Territory Budget deficit as indicated by Professor Percy Allan’s report on the Northern Territory Budget.
Economic Development Summit: The Minister for Industries and Business (Mr Henderson) made a report on the planned Business Summit to be conducted by government.
Local Government Awareness Week: The Minister for Local Government (Mr Vatskalis) made a report on the status of Local Government in the Northern Territory.
Reports noted pursuant to Sessional Order.
7. ORDER OF BUSINESS:
The Leader of Government Business (Mr Stirling) moved – That Government Business – Notices be rearranged in order that current Notices Nos. 4 to 7 be
first considered followed by Notice No. 3 and then No.1 and No. 2, in that order.
Question – put and passed.
8. JUVENILE JUSTICE AMENDMENT BILL (No. 2) 2001 (Serial 5), JUVENILE JUSTICE (CONSEQUENTIAL AMENDMENTS) BILL 2001 (Serial 6), SENTENCING AMENDMENT BILL (No. 3) 2001 (Serial 7), and SENTENCING (CONSEQUENTIAL AMENDMENTS) BILL 2001 (Serial 8):
Suspension of Standing Orders - take four Bills together: The Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as would prevent Bills entitled Juvenile Justice Amendment Bill (No. 2) 2001 (Serial 5), Juvenile Justice (Consequential Amendments) Bill 2001 (Serial 6), Sentencing Amendment Bill (No. 3) 2001 (Serial 7), and Sentencing (Consequential Amendments) Bill 2001 (Serial 8) –
(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 Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Justices Act; a Bill for an Act to repeal Part 4 of the
Sentencing of Juveniles (Miscellaneous Provisions) Act and the Juvenile Justice (Punitive Work Orders) Regulations consequential on the
enactment of the Juvenile Justice Amendment Act (No. 2) 2001; a Bill for an Act to amend the Sentencing Act; and a Bill for an Act to amend
various Acts and Regulations consequential on the enactment of the Sentencing Amendment Act (No. 3) 2001.
Bills read a first time.
Dr Toyne moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Member for Goyder (Mr Maley) debate was adjourned.
9. CRIMINAL CODE AMENDMENT BILL (No. 4) 2001 (Serial 4):
The Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
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. ORDER OF BUSINESS:
The Leader of Government Business (Mr Stirling) moved – That Government Business, Orders of the Day, No. 2 relating to the Address-in-Reply be called on forthwith.
Question – put and passed.
11. ADDRESS-IN-REPLY – MOTION:
The Order of the Day having been read for resumption of debate on the motion of the Chief Minister (Ms Martin) – That the following
Address-in-Reply be agreed to:
To His Honour the Administrator of the Northern Territory
MAY IT PLEASE YOUR HONOUR - We, the Legislative Assembly of the Northern Territory, in Parliament assembled, desire to
express our loyalty to our Most Gracious Sovereign, and to thank Your Honour for the Speech which you have been pleased to
address to the Assembly.
Debate ensued.
On the motion of the Member for Barkly (Mr McAdam) debate was adjourned.'
Suspension of sittings: The sittings of the Assembly was suspended between 11.54am and 2pm.
12. QUESTIONS:
2pm Mr Burke to Ms Martin.
2.04pm Mr Kiely to Ms Martin.
2.08pm Mr Reed to Mr Ah Kit.
2.11pm Mr McAdam to Ms Martin.
2.15pm Mr Elferink to Mr Ah Kit.
2.17pm Ms Lawrie to Ms Martin.
Paper tabled: The Chief Minister (Ms Martin) laid on the Table the following Paper –
- Darwin Press Club, Speaking Notes, by Senator the Hon Grant Tambling, CLP Senator for the Northern Territory (retiring), dated 11 October 2001 (Paper 37).
2.24pm Mr Bonson to Dr Toyne.
2.27pm Ms Carter to Mr Ah Kit.
Paper tabled: The Member for Port Darwin (Ms Carter), by leave, laid on the Table the following Paper –
Tenders Online T01 - 1525 – Darwin – East Arm Port Development – Stage 2A – Construction of 110m Wharf Extension and Bulk Liquids Berth (Paper 39); and
Tenders Online T01 – 1249 Darwin – East Arm Port Development – Container Terminal and Railway Embankment
(Paper 38).
2.31pm Mr Kiely to Ms Martin.
2.35pm Mr Mills to Mr Ah Kit.
2.39pm Mr Burns to Mr Stirling.
2.42pm Mr Maley to Mr Ah Kit.
2.44pm Mr McAdam to Mr Toyne.
2.49pm Ms Carney to Mr Ah Kit.
Paper tabled: The Member for Araluen (Ms Carney), by leave, laid on the Table the following Paper –
Tenders Online – T 00 – 1827 – Darwin Correctional Centre – Construct New Low Security Facility, CAL categories 1.1ha Building Construction $5m plus is required. (Paper 40)
2.55pm Dr Burns to Mr Toyne.
2.58pm Mr Reed to Ms Martin.
Answer to questions: The Minister for Transport and Infrastructure Development (Mr Ah Kit) responded to a question asked
earlier during Questions relating to the capital works program of government.
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Question Paper.
13. FURTHER NOTICES:
The following further notices were given, by leave:
Dr Toyne: To present the Statute Law Revision Bill (No. 2) 2001 (Serial 19).
Dr Toyne: To present the Legal Practitioners Amendment Bill 2001 (Serial 20).
14. POLICE ADMINISTRATION AMENDMENT BILL 2001 (Serial 2) and JUSTICES AMENDMENT BILL (No. 2) 2001 (Serial 3):
Suspension of Standing Orders: The Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as
would prevent Bills entitled Police Administration Amendment Bill 2001 (Serial 2) and Justices Amendment Bill (No. 2) 2001 (Serial 3) –
(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 Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Police Administration Act and a Bill for
an Act to amend the Justices Act.
Bills read a first time.
Dr Toyne moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Member for Goyder (Mr Maley) debate was adjourned.
15. CRIMINAL CODE AMENDMENT BILL (No. 3) 2001 (Serial 1):
The Attorney-General (Dr Toyne), pursuant to notice, 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.
16. ADDRESS-IN-REPLY – MOTION:
The order of the day having been read for the resumption of debate on the motion of the Chief Minister (Ms Martin) – That the
following Address-in-Reply be agreed to:
- To His Honour the Administrator of the Northern Territory
MAY IT PLEASE YOUR HONOUR - We, the Legislative Assembly of the Northern Territory, in Parliament assembled, desire to express our loyalty to our Most Gracious Sovereign, and to thank Your Honour for the Speech which you have been pleased to address to the Assembly.
On the motion of the Member for Barkly (Mr McAdam) debate was adjourned.
17. AUGUST 2001 AUDITOR-GENERAL’S REPORT TO THE LEGISLATIVE ASSEMBLY – REPORT TABLED REPORT PRINTED -
MOTION TO NOTE REPORT:
The Speaker laid on the Table the August 2001 Report from the Auditor-General to the Legislative Assembly. (Paper 41)
The Chief Minister (Ms Martin) moved – That the Report be printed.
Question – put and passed.
The Chief Minister (Ms Martin) moved – That the Assembly take note of the Report and that leave be granted to continue her
remarks at a later hour.
Question - put and passed.
Debate adjourned.
18. APPRECIATION TO AUSTRALIAN DEFENCE FORCE AND EXPRESSION OF SYMPATHY AND SUPPORT TO PEOPLE OF THE
UNITED STATES – MOTION AGREED TO:
General Business, Order of the Day, Notice No. 1, as amended by leave was called on.
The Chief Minister (Ms Martin), by leave, thereupon moved – That,
This Assembly:
Noting the tragic terrorist attacks in the United States of 11 September 2001 and the decision of the Australian Government
to commit the Australian Defence Force to participate in the conflict against terrorism:
records its profound sympathy for the people of the United States, and particularly for all who lost members of their family;
offers total support for the nations of the world, including Australia, to unite to combat terrorism;
affirms the special relationship between the people of the Northern Territory and the members of the Australian Defence Force and express its admiration for their commitment, professionalism and dedication to service;
affirms that the Australian Defence Force and its members have our total support and commitment and our solemn hope that all will return unharmed; and
recognises that within our borders, Territorians of all races, creeds and religions live harmoniously together in support of each other and are an example to people across the world.
Seconded by the Leader of the Opposition (Mr Burke).
Debate ensued.
Question – put and passed.
19. ADJOURNMENT:
The Leader of Government Business (Mr Stirling) moved - That the Assembly do now adjourn.
Question - put and passed.
The Assembly adjourned at 6.38pm until Thursday 18 October 2001 at 10am. PAPERS:
The following Papers were deemed to have been presented on Wednesday 17 October 2001:
Annual Reports:
Department of Asian Relations and Trade, 2000/2001 (Paper 36)
Department of Local Government, 2000/2001 (Paper 35)
Department of Sport and Recreation, 2000/2001 (Paper 33)
Office of Aboriginal Development, 2000/2001 (Paper 34)
Territory Health Services, 2000/2001 (Paper 32)
All Members attended the sittings
Last updated: 04 Aug 2016