Department of the Legislative Assembly, Northern Territory Government
Department of the Legislative Assembly, Northern Territory Government

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Minutes of Proceedings - 2003-08-13

    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 Speaker’s Gallery of members of the Salvation Army MASH (Mature Age Social Hour).
        On behalf of all Members the Speaker extended a warm welcome to the visitors.

    4. MINISTERIAL REPORTS:
        Territory investment mission and skills marketing campaign, Sydney: The Chief Minister (Ms Martin) reported on her visit to Sydney to head a Territory marketing campaign to advertise and recruit skilled workers for major projects coming on stream in the Territory.
        Mr Burke responded thereto.
        Mr Wood responded thereto.
        Ms Martin responded accordingly.
    ––––––––––––––––
        Visitors: The Speaker advised members of the presence in the public galleries of Year 4 and Year 5 students from Marrara Christian School accompanied by their teacher Ms Rosie Bignall.
    ––––––––––––––––
        Darwin Cup Carnival, 2003: The Minister for Racing, Gaming and Licensing (Mr Stirling) reported on the success of the Darwin Cup Carnival, 2003.
        Mr Baldwin responded thereto.
        Mr Stirling responded accordingly.
        Northern Territory Expo, 2003: The Minister for Business, Industry and Resource Development (Mr Henderson) reported on the conduct of the 2003 Northern Territory Expo.
        Mr Dunham responded thereto.
        Mr Henderson responded accordingly.

        International cricket matches, Darwin 2003: The Minister for Sport and Recreation (Mr Ah Kit) reported on the recent success of the conduct of international cricket matches in Darwin during July and August 2003.
        Mr Mills responded thereto.

        Ministerial Reports noted, pursuant to Sessional Order.

    5. FOUR YEAR TERMS OF THE ASSEMBLY, FIXED – MOTION NEGATIVED:
        The Member for Nelson (Mr Wood), pursuant to notice, moved - That the government legislate for fixed 4-year terms for elections of the Legislative Assembly.
        Debate ensued.
        Question – put and negatived.

    6. STUART HIGHWAY DUPLICATION, NOONAMAH AND STRAUSS AIRSTRIP – MOTION, AS AMENDED, AGREED TO:
        The Member for Nelson (Mr Wood), pursuant to notice, moved - That the duplication of the Stuart Highway between Noonamah and Cox Peninsula Road, as mentioned in the 2003/2004 Budget, should proceed in the following two stages –
        (a) relocation, realignment or burial of the water pipeline alongside the existing highway; and
          (b) continue duplication of the Stuart Highway on the eastern side of the existing highway,
            so that the World War II Strauss Airstrip is not used as part of the duplication of the Stuart Highway.
            Debate ensued.
            The Minister for Transport and Infrastructure (Mr Vatskalis) moved – That all words after “That” be omitted and insert in their stead -
            “the Commonwealth Government be requested to provide the extra funding to allow the widening of the Stuart Highway between Noonamah and Cox Peninsula Road to proceed on the Eastern alignment to avoid impact on the Strauss Airstrip, and that this funding be new funding to the Territory, not a substitution in the National Highway program.

            In the event that additional Commonwealth funding is not forthcoming, that the design of the highway widening minimises the impact on Strauss Airstrip, and that the history of the airstrip be recognised by appropriate interpretative signage and tourist information.”.

            Debate ensued on the amendment and main motion.
            Paper tabled: The Minister for Transport and Infrastructure (Mr Vatskalis) laid on the Table the following Paper –
        Letter, Vatskalis, Hon Kon, Minister for Transport and Infrastructure to Hon John Anderson, Minister for Transport and Regional Services, Canberra, re Upgrading of the Stuart Highway between Noonamah and Cox peninsula road, dated 13 August 2003 (Paper 1019).

            The Member for Brennan (Mr Burke) moved the following amendment to the amendment moved by the Minister for Transport and Infrastructure (Mr Vatskalis) –

            Omit all words after “not forthcoming”, at paragraph 2 of the amendment moved by Mr Vatskalis and insert in their stead – “the Territory government will fund the duplication of the Stuart Highway on the eastern side of the existing highway.”.

            Debate ensued on the amendment to the amendment.
            Question – That the amendment moved by Mr Burke to the amendment moved by Mr Vatskalis, be agreed to – put and negatived.
            Debate suspended on the motion and amendment move by Mr Vatskalis.
        –––––––––––––
            Suspension of sittings: The sittings of the Assembly was suspended between 12.15pm and 2.15pm.
        –––––––––––––
        7. NOTICES:
            The following notice was given –
            Mr Vatskalis: To present the Water Amendment Bill 2003 (Serial 167).
        8. QUESTIONS:
            2.14pm Dr Lim to Mr Ah Kit.
            2.17pm Ms Lawrie to Ms Martin.
            2.23pm Dr Lim to Mr Ah Kit.
            2.29pm Mr Kiely to Ms Martin.
            2.35pm Dr Lim to Mr Ah Kit.
            2.38pm Mr McAdam to Mr Henderson.
            2.41pm Mr Wood to Mr Vatskalis.
            2.43pm Dr Lim to Mr Ah Kit.
            Paper tabled: The Minister for Housing (Mr Ah Kit) laid on the Table the following Paper –
        Letter, Ah Kit, Hon J, Minister for Housing to Dr R Lim, Member for Greatorex, dated 8 August 2003 re flooring at the Coconut Grove Seniors Village (Paper 1021).

            2.45pm Mr Bonson to Mr Stirling.
            Paper tabled: The Treasurer (Mr Stirling) laid on the Table the following Paper –
        Graph, Number of Housing Finance Commitments – June 2003 % Change over June 2002, ABS Cat.NO.5609.0 (Paper 1020).

            2.48pm Mr Maley to Mr Vatskalis.
            2.51pm Mr Mills to Mr Ah Kit.
            2.56pm Ms Lawrie to Mr Stirling.
            3pm Mr Mills to Mr Ah Kit.
            3.04pm Ms Scrymgour to Mr Ah Kit.
            Paper tabled: The Minister for Community Development (Mr Ah Kit) laid on the Table the following Paper –
        Thamarrurr elected members, Table of community government councillors (Paper 1022).

            3.07pm Mr Wood to Dr Toyne.
            3.08pm Ms Carter to Mrs Aagaard.
            3.11pm Mr Bonson to Dr Toyne.

            The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question paper.
        9. STUART HIGHWAY DUPLICATION, NOONAMAH AND STRAUSS AIRSTRIP – MOTION, AS AMENDED, AGREED TO:
            The Order of the Day having been read for the resumption of the debate, suspended earlier this day, on the following motion moved by Mr Wood and subsequent amendment moved by Mr Vatskalis -
            That the duplication of the Stuart Highway between Noonamah and Cox Peninsula Road, as mentioned in the 2003/2004 Budget, should proceed in the following two stages –
              (a) relocation, realignment or burial of the water pipeline alongside the existing highway; and
                (b) continue duplication of the Stuart Highway on the eastern side of the existing highway,
                  so that the World War II Strauss Airstrip is not used as part of the duplication of the Stuart Highway.

                  That all words after “That” “be omitted and insert in their stead -
                  “the Commonwealth Government be requested to provide the extra funding to allow the widening of the Stuart Highway between Noonamah and Cox Peninsula Road to proceed on the Eastern alignment to avoid impact on the Strauss Airstrip, and that this funding be new funding to the Territory, not a substitution in the National Highway program.

                  In the event that additional Commonwealth funding is not forthcoming, that the design of the highway widening minimises the impact on Strauss Airstrip, and that the history of the airstrip be recognised by appropriate interpretative signage and tourist information.”

                  The Member for Drysdale (Mr Dunham), by leave, addressed the Assembly.
                  Paper tabled: The Member for Drysdale (Mr Dunham), by leave, laid on the Table the following Paper -
              Declared Heritage Places and Objects – The Northern Territory Heritage Register, extract from web site Department of Infrastructure, Planning and Environment (Paper 1023).

                  Leave denied: The Minister for Transport and Infrastructure (Mr Vatskalis) sought leave to address the Assembly.
                  Leave denied, a dissentient voice being heard.
                  Leave denied.
                  Suspension of Standing Orders: The Leader of Government Business (Mr Henderson) moved – That so much of Standing Orders be suspended as would prevent the Minister for Transport and Infrastructure (Mr Vatskalis) speaking to the motion and amendment.
                  Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
                  Debate ensued.
                  Question – That the amendment be agreed to – put and passed.
                  Question – That the motion, as amended, be agreed to – put and passed.
              10. LITCHFIELD AREA PLAN – MOTION NEGATIVED:
                  The Member for Nelson (Mr Wood), pursuant to notice, moved -
                  That the government –

                  (a) withdraw the proposed new Litchfield Area Plan and zoning map using zones taken from the draft Northern Territory Planning Scheme;
                  (b) replace it with a Litchfield area plan and zoning map using zones presently defined in the 1992 Litchfield Area Plan; and

                  (c) notify all landowners individually whose land will be rezoned under the new Litchfield area plan before it is declared.

                  Debate ensued.
                  –––––––––––––––
                  Extension of time: The Member for Greatorex (Dr Lim) moved – That the Member for Nelson (Mr Wood) be granted an extension of time, pursuant to Standing Orders.
                  Question – put and passed.
                  –––––––––––––––
                  Debate continued.
                  Question – put and negatived.
              11. MOTOR VEHICLES AMENDMENT BILL 2003 (Serial 171):
                  The Member for Goyder (Mr Maley), pursuant to notice, presented a Bill for an Act to amend the Motor Vehicles Act.
                  Bill read a first time.
                  Mr Maley moved – That the Bill be now read a second time.
                  Debate ensued.
                  On the motion of the Minister for Transport and Infrastructure (Mr Vatskalis) debate was adjourned.
              12. CRIMINAL CODE AMENDMENT BILL (No. 3) 2003 (Serial 173):
                  The Member for Goyder (Mr Maley), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
                  Bill read a first time.
                  Mr Maley moved – That the Bill be now read a second time.
                  Debate ensued.
                  On the motion of the Minister for Justice and Attorney-General (Dr Toyne) debate was adjourned.
              13. SENTENCING ACT, PROPOSED REVIEW OF PROVISIONS BY SELECT COMMITTEE – MOTION NEGATIVED:
                  The Member for Nelson (Mr Wood), pursuant to notice, moved - That,
                  1. The Assembly appoint a select committee to investigate possible changes to the Sentencing Act and other relevant legislation specifically regarding that legislation relating to murder, manslaughter and dangerous acts;
                    2. The committee travel widely throughout the Territory and other jurisdictions so as to obtain a wide range of options and opinions on the issue of sentencing for murder, manslaughter and dangerous acts;
                      3. The committee report back to the Assembly by the August 2004 parliamentary sittings; and
                        4. The membership of the committee and any other matters relating to the conduct of this reference be the subject of a subsequent resolution.

                        Debate ensued.
                        Question – put and negatived.
                    14. LIQUOR AMENDMENT BILL 2003 (Serial 172):
                        The Member for Macdonnell (Mr Elferink), pursuant to notice, presented a Bill for an Act to amend the Liquor Act.
                        Bill read a first time.
                        Mr Elferink moved – That the Bill be now read a second time.
                        Debate ensued.
                        On the motion of the Minister for Racing, Gaming and Licensing (Mr Stirling) debate was adjourned.
                    15. CRIMINAL CODE AMENDMENT BILL (No. 2) 2003 (Serial 165) and SENTENCING AMENDMENT BILL (No. 2) 2003 (Serial 166):
                        Suspension of Standing Orders – Take two Bills together: The Member for Araluen (Ms Carney), pursuant to notice, moved - That so much of the Standing Orders be suspended as would prevent Bills entitled - Criminal Code Amendment Bill (No. 2) 2003 (Serial 165) and Sentencing Amendment Bill (No. 2) 2003 (Serial 166),
                        (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.
                          Ms Carney, pursuant to notice, presented a Bill for an Act to amend the Criminal Code and a Bill for an Act to amend the Sentencing Act.
                          Bills read a first time.
                          Ms Carney moved – That the Bills be now read a second time.
                          Debate ensued.
                          On the motion of the Minister for Justice and Attorney-General (Dr Toyne) debate was adjourned.
                      16. JURIES AMENDMENT BILL 2002 (Serial 74) - NEGATIVED:
                          The Order of the Day having been read for resumption of debate on the question – That the Bill be now read a second time –
                          Debate resumed.
                          Question - That the motion be agreed to - put.
                          The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

                          AYES, 10 NOES, 13

                          Mr Baldwin Mrs Aagaard
                          Mr Burke Mr Ah Kit
                          Ms Carney Mr Bonson
                          Mr Dunham Dr Burns
                          Mr Elferink Mr Henderson
                          Dr Lim Mr Kiely
                          Mr Maley Ms Lawrie
                          Mr Mills Ms Martin
                          Mr Reed Mr McAdam
                          Mr Wood Ms Scrymgour
                          Mr Stirling
                          Dr Toyne
                          Mr Vatskalis

                          Motion negatived.
                          Second reading of the Bill negatived accordingly.
                      17. TRAFFIC AMENDMENT BILL 2003 (Serial 124):
                          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 –
                          The Member for Nelson (Mr Wood) by leave, moved – That consideration of the Bill be postponed until a later hour.
                          Mr Wood, by leave, made a statement thereto.
                          Question – put and passed.
                      18. SENTENCING AMENDMENT BILL 2003 (Serial 126):
                          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 –
                          The Member for Braitling (Mrs Braham), by leave, moved – That consideration of the Bill be postponed until a later hour.
                          Mrs Braham, by leave, made a statement thereto.
                          Question – put and passed.
                      19. CONTAINER DEPOSIT (ENVIRONMENTAL PROTECTION) BILL 2003 (Serial 131):
                          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 –
                          The Member for Braitling (Mrs Braham), by leave, moved – That consideration of the Bill be postponed until a later hour.
                          Question – put and passed.
                      20. BUSHFIRES AMENDMENT BILL 2003 (Serial 129) and CRIMINAL CODE AMENDMENT BILL 2003 (Serial 130) - BILLS NEGATIVED:
                          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 negatived.
                      21. BAIL AMENDMENT BILL 2003 (Serial 135):
                          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 –
                          The Member for Macdonnell (Mr Elferink), by leave, moved – That consideration of the Bill be postponed until a later hour.
                          Mr Elferink, by leave, made a statement relating thereto.
                          Question – put and passed.
                      22. CHARLES DARWIN UNIVERSITY BILL 2003 (Serial 169) and MENZIES SCHOOL OF HEALTH RESEARCH AMENDMENT BILL 2003 (Serial 170):
                          Suspension of Standing Orders – The Minister for Employment, Education and Training (Mr Stirling), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent Bills entitled - Charles Darwin University Bill 2003 (Serial 169) and Menzies School of Health Research Amendment Bill 2003 (Serial 170),
                          (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.
                            Mr Stirling, pursuant to notice, presented a Bill for an Act to establish the Charles Darwin University and for related purposes and a Bill for an Act to amend the Menzies School of Health Research Act.
                            Bills read a first time.
                            Suspension of Standing Orders – Pass Bills through all stages: The Minister for Employment, Education and Training (Mr Stirling), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent the Charles Darwin University Bill 2003 (Serial 169) and Menzies School of Health Research Amendment Bill 2003 (Serial 170) passing through all stages at this sittings.
                            Question – put and passed.

                            Mr Stirling moved – That the Bills be now read a second time
                            Debate ensued.
                            On the motion of the Member for Blain (Mr Mills) debate was adjourned.
                        23. SWIMMING POOL FENCING AMENDMENT BILL 2003 (Serial 168):
                            The Minister for Local government (Mr Ah Kit), pursuant to notice, presented a Bill for an Act to amend the Swimming Pool Fencing Act.
                            Bill read a first time.
                            Mr Ah Kit 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.
                            Suspension of Standing Orders – Pass Bill through all stages: The Minister for Local Government (Mr Ah Kit), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent the Swimming Pool Fencing Amendment Bill 2003 (Serial 168) passing through all stages at this sittings.
                            Question – put and passed.
                        24. 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 9.41pm on Wednesday 13 August 2003 until tomorrow at 10am.
                            PAPERS:
                            The following Papers were deemed to have been presented on Wednesday 13 August 2003:

                            Coroners Act:
                            In the matter of Coronial Findings and Recommendations into the death of Michaela Palmer, pursuant to section 46B, dated 10 August 2003 (Paper 1015)
                            In the matter of Coronial Findings and Recommendations into the death of Bernard Austin Robins, pursuant to section 46B, dated 10 August 2003 (Paper 1016)

                            ATTENDANCE
                            All Members attended the sittings.
                      Last updated: 04 Aug 2016
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