Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2001-11-28

1. MEETING:
The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.

2. PRAYERS.

3. MESSAGE FROM ADMINISTRATOR:
The Speaker laid on the Table Message No. 2 from his Honour the Administrator advising of his assent to proposed laws passed by the Legislative Assembly during the October 2001 sittings which read as follows:
Message No. 2
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:

19 October 2001
Criminal Code Amendment Act (No. 2) 2001 (No. 52 of 2001)
Justices Amendment Act (No. 2) 2001 (No. 51 of 2001)
Juvenile Justice Amendment Act (No. 2) 2001 (No. 53 of 2001)
Juvenile Justice (Consequential Amendments) Act 2001 (No. 54 of 2001)
Police Administration Amendment Act 2001 (No. 50 of 2001)
Sentencing (Consequential Amendments) Act 2001 (No. 56 of 2001)
Sentencing Amendment Act (No. 3) 2001 (No. 55 of 2001)

31 October 2001
Validation (Chief Magistrate) Bill 2001 (No. 57 of 2001)

Dated 26th day of November 2001.
J C Anictomatis
Administrator (Paper 138)

4. PETITIONS:
The Member for Nightcliff (Mrs Aagaard), by leave, presented a petition, not conforming with Standing Orders, from 240 petitioners relating to affordable and regular exercise for citizens of the northern suburbs. (Paper 139)

Response to petitions: The Clerk laid on the Table a response to petition No.3 relating to a perimeter fence at Bakewell Primary School and advised members that the response would be incorporated in the Hansard record of the day. (Paper 140)

5. MINISTERIAL REPORTS:
Illicit drug use: The Minister for Health and Community Services (Mrs Aagaard) made a statement relating to illicit drug use.
Debate ensued.
Debate concluded.

Compulsory acquisition of land: The Minister for Lands and Planning (Mr Vatskalis) made a statement relating to the recent compulsory acquisition of land at Berry Springs.
Debate ensued.
Debate concluded.

Public sector office space rentals: The Minister for Corporate and Information Services (Dr Toyne) made a statement relating to public sector office space leasing arrangements.
Debate ensued.
Debate concluded.

Territory grape industry: The Minister for Primary Industry and Fisheries (Mr Henderson) made a statement relating to the table grape industry of the Northern Territory.
Debate ensued.
Debate concluded.

Reports noted, pursuant to Sessional Order.

6. BROADCAST OF PROCEEDINGS:
The Speaker advised Members that her permission had been given for the media to broadcast live with sound and vision the Leader of the Opposition’s reply to the November 2001 Mini Budget Ministerial Statement.

7. NOVEMBER 2001 MINI BUDGET – MOTION TO NOTE STATEMENT:
The Leader of the Opposition, pursuant to order of the Assembly, made his response to the November 2001 Mini Budget statement.
Debate ensued.
On the motion of the Member for Nelson (Mr Wood) debate was adjourned.

8. VISITORS:
The Speaker advised Members of the presence in the public galleries of students from Kormilda College accompanied by their teachers Ms Jenny Luck and Mr Tony Da Silva.
Madam Speaker extended a warm welcome to the visitors.

9. ADDRESS-IN-REPLY, PRESENTATION:
The Speaker advised Members of her intention to present the Address-in-Reply to His Honour the Administrator at 11.30am at Government House and invited all Honourable Members to accompany her to witness this occasion.

Suspension of sittings: The sittings of the Assembly was suspended between 11.08am and 2pm.
10. ADDRESS-IN-REPLY, REPORT OF PRESENTATION TO ADMINISTRATOR:
The Speaker advised that accompanied by Members she had called upon His Honour the Administrator this day and there and then presented him with the Address-in Reply to the speech His Honour delivered on the occasion of the opening of the Ninth Assembly, and that his Honour had been pleased to make the following reply –

Madam Speaker, thank you for your Address-in-Reply which you have presented to me.

It will afford me great pleasure to convey to Her Most Gracious Majesty the Queen, through the Governor-General, the message of loyalty of the Legislative Assembly of the Northern Territory of Australia to which the Address gives expression.

11. QUESTIONS:
2.05pm Mr Burke to Ms Martin.
2.11pm Ms Scrymgour to Ms Martin.
2.15pm Mr Reed to Ms Martin.
2.20pm Mr Bonson to Ms Martin.
2.27pm Mr Reed to Ms Martin.
Visitors: The Speaker advised Members of the presence in the public galleries of participants in the Territory Tidy Towns program and on behalf of all Members extended a warm welcome to the visitors.
2.31pm Mr Wood to Ms Martin.
2.35pm Dr Lim to Ms Martin.
2.38pm Mr Bonson to Mr Ah Kit.
2.45pm Mr Burke to Ms Martin.
2.47pm Mr McAdam to Mr Vatskalis.
2.53pm Mr Baldwin to Mr Henderson.
2.57pm Dr Burns to Mrs Aagaard.
3pm Mr Reed to Mr Henderson.

The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Question Paper.

12. REMUNERATION TRIBUNAL REPORT AND DETERMINATION NO. 2 OF 2001 – MINISTERS AND MEMBERS OF THE NORTHERN TERRITORY LEGISLATIVE ASSEMBLY – PAPER TABLED – PAPER PRINTED – MOTION TO NOTE REPORT:
The Chief Minister laid on the Table the Remuneration Tribunal Report and Determination No. 2 of 2001 – Ministers and Members of the Northern Territory Legislative Assembly. (Paper 147)
Ms Martin moved – That the report be Printed.
Question – put and passed.
Ms Martin moved – The Assembly take note of the Report and that she have leave to continue her remarks at a later hour.
Debate adjourned.

13. SELECT COMMITTEE ON SUBSTANCE ABUSE IN THE COMMUNITY – VARIATION OF TERMS OF REFERENCE – MOTION AGREED TO:
The Leader of Government Business (Mr Stirling), pursuant to notice, moved - That,

1. Paragraph 3 of the resolution of the Assembly dated 16 October 2001 relating to the Select Committee on Substance Abuse in the Community be varied by adding after the word 'committee', the words ‘or any subcommittee'; and

2. The new paragraph 3a and 3b be added to read as follows:

(3a) that the Chairman of the Committee may, from time to time, appoint another member of the Committee to be Deputy-Chairman of the Committee, and that the member so appointed act as Chairman of the Committee at any time when there is no Chairman or the Chairman is not present at a meeting of the Committee.

(3b) the Committee have power to appoint subcommittees consisting of 2 or more of its members and to refer to any such subcommittee any matter which the Committee is empowered to examine and that the quorum of a subcommittee shall be 2. (Paper 146)

Debate ensued.
Question – put and passed.

14. POLICE ADMINISTRATION AMENDMENT BILL (No. 2) 2001 (Serial 32):
The Minister for Police, Fire and Emergency Services (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend the Police Administration Act.
Bill read a first time.
Mr Stirling moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Leader of the Opposition (Mr Burke) debate was adjourned.

15. CRIMINAL CODE AMENDMENT BILL (No. 5) 2001 (Serial 23):
The Minister for Justice and 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.

16. CULLEN BAY MARINA AMENDMENT BILL 2001 (Serial 24) and UNIT TITLES AMENDMENT BILL (No. 2) 2001 (Serial 25):
Suspension of Standing Orders: The Minister for Justice and Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as would prevent Bills entitled Cullen Bay Marina Amendment Bill 2001 (Serial 24) and Unit Titles Amendment Bill (No. 2) 2001 (Serial 25) –

(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 Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Cullen Bay Marina Act and a Bill for an Act to amend the Unit Titles 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.

17. ADMINISTRATION AND PROBATE AMENDMENT BILL 2001 (Serial 26) and PUBLIC TRUSTEE AMENDMENT BILL 2001 (Serial 27):
Suspension of Standing Orders: The Minister for Justice and Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as would prevent Bills entitled Administration and Probate Amendment Bill 2001 (Serial 26) and Public Trustee Amendment Bill 2001 (Serial 27) –

(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 Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Administration and Probate Act and a Bill for an Act to amend the Public Trustee 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.

18. ANTI-DISCRIMINATION AMENDMENT BILL 2001 (Serial 28):
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Anti-discrimination 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.

19. CORONERS AMENDMENT BILL 2001 (Serial 29):
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Coroners 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.

20. JUVENILE JUSTICE AMENDMENT BILL (No. 3) 2001 (Serial 31):
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Juvenile Justice 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.

21. ORDER OF BUSINESS:
The Leader of Government Business (Mr Stirling) moved – That Government Business, Orders of the Day No. 3, relating to the Legal Practitioners Amendment Bill 2001 (Serial 20) being called on forthwith.
Question – put and passed.

22. LEGAL PRACTITIONERS AMENDMENT BILL 2001 (Serial 20):
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.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.

(In Committee – Chairman Mr Wood)

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 –
In Clause 14, after paragraph (b) insert –

(c) by omitting subsection (3)(a) and substituting the following:

"(a) confirm, vary or quash the finding, penalty or order appealed against;

(aa) substitute or make any finding, penalty or order that could have been made by the Complaints Committee;

(ab) take any one or more of the actions specified in section 52(2);".

Bill, as amended, agreed to.
Bill to be reported with an amendment.
The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Wood) reported that the Committee had considered the Bill and agreed to the same with an amendment.

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.

23. MOTOR VEHICLES AMENDMENT BILL 2001 (Serial 30):
Suspension of Standing Orders: The Chief Minister (Ms Martin) moved – That so much of Standing Orders be suspended as would prevent the Motor Vehicles Amendment Bill 2001 (Serial 30) 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 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.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.

(In Committee – Chairman Mr Wood)

Clauses 2 and 3, by leave, taken together and agreed to.
Clause 4 read.
Debate ensued.
Clause, as printed, agreed to.
Clause 5 read
Debate ensued.
Clause 5, as printed, agreed to.
Clause 1 agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Wood) reported that the Committee had considered the Bill and agreed to the same without amendment.

The Chief Minister (Ms Martin) moved - That the Bill be now read a third time.
Debate ensued.
Question – put and passed.
The Bill was read a third time and passed to be a proposed law.

24. NOVEMBER 2001 MINI BUDGET STATEMENT – MOTION TO NOTE STATEMENT:
The Order of the Day having been read for the resumption of debate on the question – The Assembly take note of the Statement –
Debate resumed.
On the motion of the Member for Nelson (Mr Wood) debate was adjourned.

25. ADJOURNMENT:
The Minister for Community Development (Mr Ah Kit) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Paper –
Photograph of 14TH Light Horse Regiment at the Calgary Stampede, Canada. (Paper 148)

Debate continued.
And the Assembly having sat until 12 midnight –
Thursday – 29 November 2001
Debate continued.
Question – put and passed.
The Assembly adjourned at 00.20am, Thursday 29 November 2001 until 10.00am this day.
PAPERS:
The following Papers were deemed to have been presented on Wednesday 28 November 2001:

Agreements:
Casino Operators Agreement Between Hon. S J Stirling, Minister for Racing, Gaming and Licensing and Ford Dynasty PTY LTD, dated 19 November 2001 (Paper 145)
Internet Gaming Operator’s Agreement Between Hon S J Stirling and Lasseters Casino Pty Ltd, dated 19 November 2001 (Paper 164)

Annual Reports:
Department of the Chief Minister, 2000/2001 (Paper 142)
Lands, Planning and Environment, 2000/2001 (Paper 143)
Northern Territory Department of Education, 2000/2001 (Paper 141)

Financial Statements:
Auditor-General’s Report to the Superannuation Investment Board for the year ended 30 June 2001 (Paper 144)
ATTENDANCE
All Members attended the sittings.
Last updated: 04 Aug 2016