Minutes of Proceedings - 2004-12-01
1. MEETING:
2. PRAYERS.
3. VISITORS:
Wulagi Primary School Year 2/3 students accompanied by Ms Barbara Griffith.
6. TAXATION (ADMINISTRATION) AMENDMENT (OBJECTIONS AND APPEALS) BILL 2004 (Serial 263):
7. LAKE BENNETT (LAND TITLE) BILL 2004 (Serial 267):
12. WORK HEALTH AMENDMENT BILL 2004 (Serial 248):
18. REMUNERATION TRIBUNAL DETERMINATION No. 1 of 2004, MEMBERS OF THE LEGISLATIVE ASSEMBLY, MEMBERS OF THE EXECUTIVE COUNCIL OR MINISTERS OF THE TERRITORY – PAPER TABLED – PAPER PRINTED - MOTION TO NOTE REPORT:
20. ADJOURNMENT:
- 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-
Wulagi Primary School Year 2/3 students accompanied by Ms Barbara Griffith.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
- The Member for Nelson (Mr Wood), by leave, presented petition No. 69 from 643 petitioners relating to the realignment of Girraween Road. (Paper 1555)
Petition read.
The Member for Blain (Mr Mills) presented petition No. 68 from 4677 petitioners requesting the area known as the Headland and Little Mindil be rezoned as parkland. (Paper 1556)
Petition read.
The Member for Braitling (Mrs Braham), by leave, presented petition No. 70 from 604 petitioners, not conforming with Standing Orders, relating to the heritage status of the Rieff building in Alice Springs. (Paper 1557)
Petition read.
- Timor Sea Gas, delegation to Japan: The Chief Minister (Ms Martin) reported on a recent visit to Japan, November 2004, to meet with business leaders and develop participation in the Timor Sea gas field projects.
Mr Mills responded thereto.
Ms Martin responded accordingly.
Oncology Unit for the Territory: The Minister for Health (Dr Toyne) reported on the development and capacity of the Territory to support a fully publicly funded oncology unit in the Territory and private participation in establishing a radiotherapy treatment unit.
Ms Carney responded thereto.
Mr Wood responded thereto.
Dr Toyne responded accordingly.
Rieff Building, Alice Springs: The Minister for Heritage (Ms Scrymgour) reported on the proposal to heritage list the Rieff building Alice Springs.
Ms Carter responded thereto.
Ms Scrymgour responded accordingly.
Unincorporated Roads - Commonwealth Funding: The Minister for Transport and Infrastructure (Dr Burns) reported on the current status of Northern Territory unincorporated roads funding negotiations between the Territory and Federal governments.
Mr Dunham responded thereto.
Dr Burns responded accordingly.
Ministerial Reports noted, pursuant to Sessional Order.
6. TAXATION (ADMINISTRATION) AMENDMENT (OBJECTIONS AND APPEALS) BILL 2004 (Serial 263):
- The Treasurer (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend the Taxation (Administration) Act and, as a consequence, to amend the Mineral Royalty Act, Pay-roll Tax Act and Pay-roll Tax Regulations.
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 Greatorex (Dr Lim) debate was adjourned.
7. LAKE BENNETT (LAND TITLE) BILL 2004 (Serial 267):
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act about the rights and interests of persons in certain land in the Lake Bennett locality.
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 Araluen (Ms Carney) debate was adjourned.
- Suspension of Standing Orders – take two Bills together: The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, moved – That so much of the Standing Orders be suspended as would prevent Bills entitled - Australian Crime Commission (Northern Territory) Bill 2004 (Serial 265) and Australian Crime Commission (Consequential Amendments) Bill 2004 (Serial 266),
(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.
Dr Toyne, pursuant to notice, presented a Bill for an Act to provide for the operation of the Australian Crime Commission in the Northern Territory and for related purposes; and a Bill for an Act to amend legislation consequent on the enactment of the Australian Crime Commission (Northern Territory) 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 Araluen (Ms Carney) debate was adjourned.
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Residential Tenancies 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 Araluen (Ms Carney) debate was adjourned.
Visitors: The Speaker advised Members of the presence on the public gallery of Year 7 students from Maningrida Community Education Centre accompanied by Ms Jo Killmister.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
- The Minister for Transport and Infrastructure (Dr Burns), pursuant to notice, presented a Bill for an Act to amend the Darwin Port Corporation Act.
Dr Burns moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Drysdale (Mr Dunham) debate was adjourned.
- The Minister for Transport and Infrastructure (Dr Burns), pursuant to notice, presented a Bill for an Act to amend the Marine Act.
Dr Burns moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Drysdale (Mr Dunham) debate was adjourned.
12. WORK HEALTH AMENDMENT BILL 2004 (Serial 248):
- 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.
Debate suspended.
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Suspension of sittings: The sittings of the Assembly was suspended between 11.53am and 2pm.___________
- The following notices were given –
Ms Martin: To present the Territory Parks and Wildlife Conservation Amendment Bill 2004 (Serial 273).
Mr Stirling: To present the Construction Industry Long Service Leave and Benefits Bill 2004 (Serial 272).
Mr Henderson: To present the Police Administration Amendment (Powers and Liability) Bill 2004 (Serial 268).
Dr Toyne: To present the Criminal Code Amendment Bill (No. 2) 2004 (Serial 262).
Dr Burns: To present the Building Amendment Bill (No. 2) 2004 (Serial 274).
Dr Burns: To present the Planning Amendment Bill 2004 (Serial 275).
Ms Scrymgour: To move - That so much of the Standing Orders be suspended as would prevent Bills entitled - Volatile Substance Abuse Prevention Bill 2004 (Serial 270); and Misuse of Drugs Amendment Bill 2004 (Serial 271),
- (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.
- Ms Scrymgour: To present the Volatile Substance Abuse Prevention Bill 2004 (Serial 270).
Ms Scrymgour: To present the Misuse of Drugs Amendment Bill 2004 (Serial 271).
Mr Elferink: To present the Residential Tenancies Amendment Bill 2005 (Serial 276).
- 2.03pm Mr Mills to Ms Martin.
2.04pm Mr Bonson to Ms Martin.
2.12pm Mr Dunham to Dr Burns.
2.15pm Mr Wood to Dr Burns.
2.16pm Mrs Aagaard to Mr Henderson.
2.22pm Mr Dunham to Dr Burns.
2.24pm Mr Kiely to Dr Burns.
2.27pm Mr Burke to Dr Burns.
2.30pm Mrs Braham to Ms Scrymgour.
2.32pm Ms Lawrie to Ms Scrymgour.
2.34pm Mr Mills to Ms Martin.
2.37pm Mr Bonson to Mr Stirling.
Paper tabled: The Minister for Employment, Education and Training (Mr Stirling) laid on the Table the following Paper -
2.41pm Mr Burke to Ms Martin.
2.44pm Mr McAdam to Mr Stirling.
2.49pm Mr Burke to Ms Martin.
2.50pm Ms Lawrie to Dr Toyne.
2.54pm Mr Mills to Ms Martin.
3pm Mr Wood to Mr Henderson.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
- The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Bill be now read a second time -
Debate resumed.
Question – put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole to consider the Bill.
____________
In Committee
(Chairman – Mr Wood)
In Committee
(Chairman – Mr Wood)
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
On the motion of the Minister for Employment, Education and Training (Mr Stirling) the following amendment was agreed to, after debate –
Omit from paragraph (c), proposed section 49(1A) all the words after “include” and insert in its stead “superannuation contributions made by the employer”.
Clause 5, as amended, agreed to.
Clause 6 agreed to.
Clause 7 negatived, after debate.
Clauses 8 to 13, by leave, taken together and agreed to.
Clause 14 read.
On the motion of Mr Stirling the following amendment was agreed to.
Omit from proposed section 195 “contribution or benefit” and insert in its stead “superannuation contribution”.
On the motion of Mr Stirling the following further amendment was agreed to.
Insert in proposed section 195, after subsection (1) the following -
- “(1A) Despite anything to the contrary in section 12 of the Interpretation Act or in any other law in force in the Territory, and subject to subsection (1), section 49(1A) and (1B) applies in relation to the calculation of compensation –
- (a) paid before the commencement date; or
(b) payable on or after the commencement date, even if the right to claim compensation arose before the commencement date.”.
Omit proposed 196.
Clause 14, as amended, agreed to, after debate.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
_______________
The Assembly resumed; the Speaker (Mrs Braham) resumed the Chair; the Chairman (Mr Wood) reported the Bill with amendments.And the Report was adopted.
The Minister for Employment, Education and Training (Mr Stirling) moved – That the Bill be now read a third time.
Debate ensued.
Suspension of Standing Orders – recommit Bill for consideration in Committee of the Whole:
The Minster for Employment, Education and Training (Mr Stirling) moved – That so much of Standing Orders be suspended as would prevent the Bill being reconsidered in Committee of the Whole on the question – That the Bill, as amended, be agreed to.
Question - put and passed.
________________
Recommital of Bill, as amended - In Committee
(Chairman – Mr Wood)
Recommital of Bill, as amended - In Committee
(Chairman – Mr Wood)
The Bill, as amended, was recommitted for further consideration.
Debate ensued.
Question – put and passed.
Bill, as amended, agreed to.
Bill to be reported with amendments.
_______________
The Assembly resumed; the Acting Deputy Speaker (Ms Lawrie) resumed the Chair; the Chairman (Mr Wood) reported the Bill with amendments.And the Report was adopted.
On the motion of the Minister for Employment, Education and Training (Mr Stirling) the Bill was read a third time and passed to be a proposed law.
- 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.
Paper tabled: The Member for Araluen (Ms Carney), by leave, laid on the Table the following Paper -
Debate continued.
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.
- The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Report –
Debate resumed.
Leave granted: Ms Martin, by leave, in reply closed debate.
Question – put and passed.
18. REMUNERATION TRIBUNAL DETERMINATION No. 1 of 2004, MEMBERS OF THE LEGISLATIVE ASSEMBLY, MEMBERS OF THE EXECUTIVE COUNCIL OR MINISTERS OF THE TERRITORY – PAPER TABLED – PAPER PRINTED - MOTION TO NOTE REPORT:
- The Chief Minister (Ms Martin) laid on the Table the Remuneration Tribunal Determination No. 1 of 2004, Members of the Legislative Assembly, Members of the Executive Council or Ministers of the Territory. (Paper 1565)
Ms Martin moved – That the Report be printed.
Question – put and passed.
Ms Martin made a statement relating thereto.
Ms Martin moved – That the Assembly take note of the Report.
Debate ensued.
On the motion of the Minister for Employment, Education and Training (Mr Stirling) debate was adjourned.
- The Treasurer (Mr Stirling) laid on the Table the Treasurer’s Mid-Year Report 2004/2005. (Paper 1566)
Mr Stirling made a statement relating thereto.
Mr Stirling moved – That the Assembly take note of the Report and that he have leave to continue his remarks at a later hour.
Leave granted – debate adjourned.
20. ADJOURNMENT:
- The Minister for Employment, Education and Training (Mr Stirling) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 8pm, until tomorrow at 10 am.
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- PAPERS:
The following Papers were deemed to have been presented on Wednesday 1 December 2004 –
- Darwin Port Corporation, 2003/2004 (Paper 1562)
Heritage Advisory Council, (Thirteenth), 2003/2004 (Paper 1560)
Infrastructure, Planning and Environment, 2003/2004 (Paper 1561)
Northern Territory Grants Commission, 2003/2004 (Paper 1559)
Territory Insurance Office, 2003/2004 (Paper 1563)
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- ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016