Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2003-04-29

INAUGURAL ALICE SPRINGS SITTINGS 2003

Members of the Assembly and Clerks assembled in the Alice Springs Casino Convention Centre pursuant to resolution of the Assembly dated 27 February 2003.

And Members having taken their seats -

The Speaker after having been announced to Members by the Serjeant-at Arms and taken the Chair, with the concurrence of Members, at 9.38pm –

Directed the Serjeant-at-Arms to escort His Honour the Administrator, Mr John Anictomatis AO; the Deputy of the Administrator, Mrs Pat Miller; and Her Worship the Mayor, Mrs Fran Kilgariff to take seats on the floor of the Chamber.

The Speaker and Members of the Assembly were addressed by His Honour the Administrator, the Deputy of the Administrator and Her Worship the Mayor of Alice Springs who welcomed those present to witness the inaugural conduct of a sittings of the parliament of the Northern Territory in Alice Springs.

The Chief Minister and Leader of the Opposition addressed the Assembly in response to the welcome.

The Serjeant-at-Arms escorted the official visitors from the Chamber and the Speaker addressed the Chamber on behalf of all Members and thanked the official visitors for their speeches and words of welcome.
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1. MEETING:
        The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 27 February 2003. The Speaker, the Honourable L. M. Braham, took the Chair.

2. PRAYERS.

3. DISTINGUISHED VISITORS:
        The Speaker advised Members of the presence in the Speaker’s Gallery of the following –

        Senator Trish Crossin, Senator for the Northern Territory, Mr Warren Snowdon, Member for Lingiari in the Northern Territory, Hon Fred Riebeling MLA, Speaker of the Legislative Assembly, Western Australia, Hon Michael Polley MHA, Speaker of the House of Assembly, Tasmania, Hon Peter Lewis MP, Speaker of the Legislative Assembly of South Australia, Mr Bern Kilgariff AM, former member and Speaker of the Northern Territory Legislative Assembly and former Senator for the Northern Territory, Mr Neil Bell, former Member of the Legislative Assembly, and Mr David Miller.

        On behalf of all Members the Speaker extended a warm welcome to the distinguished visitors.

4. MESSAGE FROM THE ADMINISTRATOR - MESSAGE NO. 12:
        The Speaker laid on the Table Message No. 12 from His Honour the Administrator advising of his assent to proposed laws passed by the Assembly during the March 2003 sittings which read as follows:
        Message No. 12

        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:

        27 February 2003
          Commercial Passenger (Road) Transport Amendment Act 2003 (No. 1 of 2003)
          18 March 2003
            Administrators Pensions Amendment Act 2003 (No. 11 of 2003)
            Consumer Affairs and Fair Trading Amendment Act 2003 (No. 2 of 2003)
            Legislative Assembly Members’ Superannuation Amendment Act 2003 (No. 10 of 2003)
            Personal Injuries (Liabilities and Damages) (Consequential Amendments) Act 2003 (No. 4 of 2003)
            Personal Injuries (Liabilities and Damages) Act 2003 (No. 3 of 2003)
            Petroleum Amendment Act 2003 (No. 14 of 2003)
            Police Administration Amendment Act 2003 (No. 13 of 2003)
            Statute Law Revision Act 2003 (No. 12 of 2003)
            Superannuation Amendment Act 2003 (No. 7 of 2003)
            Superannuation Guarantee (Safety Net) Amendment Act 2003 (No. 8 of 2003)
            Supreme Court (Judges Pensions) Amendment Act 2003 (No. 9 of 2003)
            Trade Measurement Administration Amendment Act 2003 (No. 6 of 2003)
            Trade Measurement Amendment Act 2003 (No. 5 of 2003)
            Dated 14th day of April 2003.

            Sgd J C Anictomatis
            Administrator (Paper 831)
      5. COMMONWEALTH DAY MESSAGE 2003:
            The Speaker advised Members that a message had been received from Her Majesty the Queen, the Commonwealth Day Message 2003, dated 10 March 2003.
            The Speaker advised that the content of the Message would be incorporated in Hansard.

      6. PETITIONS:
            The Member for Goyder (Mr Maley) presented Petition No. 32, from 276 petitioners requesting that the part of the Fog Bay Road from Cox Peninsula to the beginning of the tar at Leviathan Creek be upgraded. (Paper 836)
            Petition read.

            The Member for Barkly (Mr McAdam), by leave, presented Petition No. 28, from 159 petitioners, not conforming with Standing Orders, relating to the restoration of the former postal delivery schedule for Borroloola. (Paper 833)
            Petition read, by leave.
            The Member for Araluen (Ms Carney) presented Petition No. 29, from 3525 petitioners requesting the Legislative Assembly commit the necessary funding and resources to bring a second airline to Central Australia. (Paper 834)

            The Member for Goyder (Mr Maley) presented Petition No. 31, from 210 petitioners relating to the reinstatement of a 24 hour medical assessment centre and 24 hour chemist facility for Palmerston. (Paper 835)
            Petition read.

            The Member for Goyder (Mr Maley) presented Petition No. 33, from 134 petitioners requesting that the land on the corner of Farrar Boulevard and Temple Terrace is not rezoned for the purpose of building a new medical centre. (Paper 837)
            Petition read.

            Response to Petitions: The Clerk, pursuant to Standing Order 100A, advised that responses to petitions Nos. 20, 21 and 27 had been received and circulated to Members (Paper 838). The text of the responses will be included in the Hansard record.
      7. MINISTERIAL REPORTS:
            Australian Service Personnel in North Australia: The Chief Minister (Ms Martin) reported on its support for Australian Defence Force men and women and their actions in East Timor and Iraq.
            The Leader of the Opposition (Mr Burke) responded thereto.
            Ms Martin responded accordingly.
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            Visitors: The Speaker advised Members of the presence in the public galleries of students from the Araluen Christian School.
            On behalf of all Members the Speaker extended a warm welcome to the students.
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            Centralian College and Northern Territory University: The Minister for Employment, Education and Training (Mr Stirling) reported on the amalgamation of the campuses of the Northern Territory University and the Centralian College.
            Mr Mills responded thereto.
            Mr Stirling responded accordingly.
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            Visitors: The Speaker advised Members of the presence in the public galleries of students from Tennant Creek Primary School.
            On behalf of all Members the Speaker extended a warm welcome.
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            Crime and Justice Statistics: The Minister for Justice and Attorney-General (Dr Toyne) reported on the state of crime and statistical evidence confirming a reduction in the levels of crime in Alice Springs.
            The Member for Drysdale (Mr Dunham), pursuant to Standing Order 256, asked that the Minister table the papers he had quoted from.
            Papers tabled: Dr Toyne thereupon laid on the Table the following Papers –
      Graph, Recorded Crimes Against the Person in Alice Springs, August 2000 to July 2001, 1101 offences and April 2002 to March 2003, 1006 offences (Paper 841);
      Graph, Recorded Property Crimes in Alice Springs, August 2000 to July 2001, 3845 offences and April 2002 to March 2003, 3460 offences (Paper 840); and
      Graph, Recorded House Break-ins in Alice Springs, August 2000 to July 2001, 338 offences and April 2002 to March 2003, 235 offences (Paper 839).

            Ms Carney responded thereto.
            Dr Toyne responded accordingly.

            Sealing of Mereenie Loop Road: The Minister for Lands and Planning (Mr Vatskalis) reported on the program and funding of $3m over the next 10 years to upgrade and tar seal the Mereenie Loop Road.
            Mr Elferink responded thereto.
            Mr Vatskalis responded accordingly.

            Ministerial Reports noted, pursuant to Sessional Order.
      8. TERRORISM (NORTHERN TERRITORY) REQUEST BILL 2003 (Serial 127) and TERRORISM (EMERGENCY POWERS) BILL 2003 (Serial 128):
            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.
            Debate suspended until a later hour.
            Ordered that Mr Burke have leave to continue his remarks when debate resumed.
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            Visitors: The Speaker advised Members of the presence in the public galleries of students from St Philip’s College, Alice Springs and Batchelor College.
            On behalf of all Members the Speaker extended a warm welcome to the visitors.
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      9. NOTICES:
            The following notices were given –
            Dr Toyne: To present the Legal Practitioners Amendment (Incorporated Legal Practices and Multi-disciplinary Partnerships) Bill 2003 (Serial 142).
            Dr Toyne: To present the Evidence Amendment Bill 2003 (Serial 141).
            Dr Toyne: To present the Statute Law Revision Bill 2003 (Serial 146).
            Mr Vatskalis: To present the Building Amendment Bill 2003 (Serial 139).
      10. QUESTIONS:
            11am Mr Burke to Ms Martin.
            11.04am Mr McAdam to Ms Martin.
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            Visitors: The Speaker advised Members of the presence in the public galleries of the Executive of the Central Land Council, Director Kumanjai Ross and Chairman Kumunara Braedon.
            On behalf of all Members the Speaker extended a warm welcome to the visitors.
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            11.09am Dr Lim to Ms Martin.
            11.12am Mr Kiely to Dr Burns.
            11.16am Ms Carney to Ms Martin.
            11.20am Mr Bonson to Ms Martin.
            11.24am Mr Wood to Mr Vatskalis.
            Paper tabled: The Minister for Lands and Planning (Mr Vatskalis) laid on the Table the following Paper –
      Letter, Hon Kon Vatskalis to Mr John Pinney, Chairman, Development Consent Authority,
      dated 4 December 2002 (Paper 842).

            11.28am Dr Lim to Ms Martin.
            11.32am Ms Lawrie to Mr Henderson.

            The Leader of the Opposition (Mr Burke) in moving a motion to censure the Chief Minister (Ms Martin) and Minister for Central Australia (Dr Toyne) –
            The Leader of Government Business (Mr Henderson) informed the Assembly that the Government accepted the motion as a censure motion, pursuant to Standing Order 95.

            The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
      11. CENSURE OF CHIEF MINISTER AND MINISTER FOR CENTRAL AUSTRALIA – MOTION NEGATIVED:
            The Leader of the Opposition (Mr Burke) thereupon moved – That the Assembly censure the Chief Minister (Ms Martin) and Minister for Central Australia (Dr Toyne) for –

            1. Overseeing an escalation of lawlessness and anti-social behaviour in Alice Springs.

            2. Neglecting the wishes and aspirations of decent, hard working people in Alice Springs by failing to provide a safe environment for them and their families.

            3. Overseeing an increase in the number of drunks in the Central Business District of Alice Springs who make the lives of people who frequent areas such as the Todd Mall intolerable.

            4. Refusing to allocate sufficient Police and/or Police resources to deal with crime.

            5. Failing in an election promise – Labor’s 6 point plan – to ensure that offenders who commit serious crimes like housebreaking, burglary, entry and damage to homes, cars or business “will go to jail”.

            6. Their deafening silence on how to deal with rock throwers who are causing fear amongst many citizens of Alice Springs.

            7. Being devoid of practical ideas and mechanisms to deal with juvenile crime in Alice Springs.

            8. Supporting the extension of alcohol restrictions in Alice Springs which are regarded as little more than a joke by the majority of people in Alice springs. (Paper 843)

            Debate ensued.
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            Suspension of sittings: The sittings of the Assembly was suspended between 12.31pm and 2pm.
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            Debate resumed.
            Papers tabled: The Member for Araluen (Ms Carney), by leave, laid on the Table the following Papers –
      Criminal Court List for Law Courts Building, Alice Springs, Tuesday 22 April 2003 (Paper 844); and
      Schedule, Glass Replacements for the months of January 2003 to March 2003, Alice Springs (Paper 845).

            Debate continued.
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            Visitors: The Speaker advised Members of the presence in the public galleries of students from ANZAC Hill High School.
            On behalf of all Members the Speaker extended a warm welcome to the visitors.
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            Debate continued.
            Dr Toyne moved – That the question be now put – put and passed.
            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
            Ms Carter Dr Burns
            Mr Dunham Mr Henderson
            Mr Elferink Mr Kiely
            Dr Lim Ms Lawrie
            Mr Maley Ms Martin
            Mr Mills Mr McAdam
            Mr Reed Ms Scrymgour
            Mr Stirling
            Dr Toyne
            Mr Vatskalis

            Motion negatived accordingly.
      12. SUSPENSION OF STANDING ORDERS TO MOVE MOTION CENSURING THE CHIEF MINISTER – MOTION NEGATIVED:
            The Member for Greatorex (Dr Lim) moved – That so much of Standing Orders be suspended as would prevent him moving –

            That, this Assembly censure the Chief Minister for –

            (a) failing to allow a full and open debate on the issue of law and order and the increasing level of crime and violence in Central Australia; and

            (b) preventing Members of Parliament from expressing, on behalf of the people of the Alice Springs community, concerns about crime and violence in the community.

            Question - put.
            The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

            AYES, 10 NOES, 14

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

            Motion negatived accordingly.
      13. TERRORISM (NORTHERN TERRITORY) REQUEST BILL 2003 (Serial 127) and TERRORISM (EMERGENCY POWERS) BILL 2003 (Serial 128):
            The Order of the Day having been read for the resumption of debate, suspended earlier this day, 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.
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            In Committee
            (Deputy Chairman – Ms Lawrie)

            Terrorism (Northern Territory) Request Bill 2003 (Serial 127):
            Bill, by leave, taken as a whole and agreed to.
            Bill, as printed, agreed to.
            Bill to be reported without amendment.
            Terrorism (Emergency Powers) Bill 2003 (Serial 128):
            Clauses 1 to 3, by leave, taken together and agreed to.
            Clause 4 read.
            On the motion of the Minister for Police, Fire and Emergency Services (Mr Henderson) the following amendment was agreed to, after debate –

            Omit the definition of “decontamination procedure” and insert in its stead the following, “ ‘decontamination procedure’ does not include the internal examination of a person;”

            Clause 4, as amended, agreed to.
            Clauses 5 to 13, by leave, taken together and agreed to.
            New Clause 13A.
            The Member for Nelson (Mr Wood) moved the following amendment –
            Insert after Clause 13,in Division 1, Part 2 -
                  13A. Report to be tabled in Legislative Assembly

                  The Police Minister must, within 6 months after receiving the Commissioner's report on an authorisation, lay a copy of the report in the Legislative Assembly.


              Debate ensued.
              New Clause 13A inserted in the Bill.
              Clauses 14 to 37, by leave, taken together and agreed to.
              Clause 38 read.
              Mr Wood moved the defeat of Clause 38.
              Clause 38 negatived.
              New Clause 38:
              The Member for Nelson (Mr Wood) moved the following new Clause 38 be inserted before Clause 39 –
                  38. Police officer to give details to certain persons
                      A police officer must, before or at the time of exercising a power under this Act, or as soon as is reasonably practicable after exercising the power, give the person subject to the exercise of the power the reason for the exercise of the power and, if requested by the person, the following:

                      (a) evidence that the police officer is a police officer (unless the police officer is in uniform);

                      (b) the police officer's name and place of duty.


              New Clause 38 inserted in the Bill.
              Clauses 39 to 45, by leave, taken together and agreed to.
              New Clause 46.
              The Member for Nelson (Mr Wood) moved – That the following new Clause 46 be added to the Bill -

                  46. Review of Act

                  (1) The Police Minister must, within 12 months after the date of assent to this Act, review this Act to determine –
                      (a) whether its policy objectives remain valid; and
                      (b) whether its terms remain appropriate for securing those objectives.
                  (2) The Police Minister must, within 12 months after the review is finalised, lay a copy of the report on the outcome of the review in the Legislative Assembly.

              New Clause 46 added to the Bill, after debate.
              Remainder of the Bill, by leave, taken as a whole and agreed to.
              Bill to be reported with amendments.
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              The Speaker (Mrs Braham) resumed the Chair; the Deputy Chairman (Mrs Lawrie) reported the –
        Terrorism (Northern Territory) Request Bill 2003 (Serial 127), without amendment; and
        Terrorism (Emergency Powers) Bill 2003 (Serial 128), with amendments;
              and the reports were adopted.
              On the motion of the Minister for Police, Fire and Emergency Services (Mr Henderson) the Bills were read a third time and passed to be proposed laws.
        14. PRIVATE SECURITY AMENDMENT BILL 2003 (Serial 136):
              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.
              Leave granted for a motion for the third reading of the Bill to be moved forthwith.
              On the motion of the Minister for Racing, Gaming and Licensing (Mr Stirling) the Bill was read a third time and passed to be a proposed law.
        15. KAVA MANAGEMENT AMENDMENT BILL 2003 (Serial 132):
              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.
              Leave granted for a motion for the third reading of the Bill to be moved forthwith.
              On the motion of the Minister for Racing, Gaming and Licensing (Mr Stirling) the Bill was read a third time and passed to be a proposed law.
        16. AUDITOR-GENERAL’S REPORT TO THE LEGISLATIVE ASSEMBLY ON THE ANALYSIS OF THE 2001/2002 TREASURER’S ANNUAL FINANCIAL STATEMENT – REPORT TABLED – REPORT PRINTED – MOTION TO NOTE REPORT:
              The Deputy Speaker (Mr Wood) laid on the Table the Auditor-General’s Report to the Legislative Assembly on the Analysis of the 2001/2002 Treasurer’s Annual Financial Statement (Paper 893).
              The Deputy Chief Minister (Mr Stirling) moved – That the Report be printed.
              Question - put and passed.
              Mr Stirling moved – That the Assembly take note of the Report and that leave be granted to continue his remarks at a later hour.
              Ordered – That Mr Stirling have leave to continue his remarks at a later hour.
              Debate adjourned.
        17. DEVELOPMENT AND VISION FOR CENTRAL AUSTRALIA AND ITS PEOPLE – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
              The Chief Minister (Ms Martin) made a statement on the development and vision for Central Australia and its people.
              Ms Martin moved – That the Assembly take note of the Statement.
              Debate ensued.
              On the motion of the Minister for Business, Industry and Resource Development (Mr Henderson) debate was adjourned.
        18. 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 7.30pm on Tuesday 29 April 2003 until Wednesday 30 April 2003 at 10am.
              PAPERS:
              The following Papers were deemed to have been presented on Tuesday 29 April 2003:

              Annual Reports:
              Jabiru Town Council, 2001/2002 (Paper 861)
              Pastoral Land Board, 2001/2002 (Paper 860)
              Surveyors Board of the Northern Territory, 2001/2002 (Paper 859)

              By-laws:
              Amendment of Public Sector Employment and Management By-laws 2003 (Paper 849)

              Community Government Schemes:
              Thamarrurr Community Government Scheme (Paper 858)

              Regulations 2002:
              No. 63, Amendments of Alice Springs (Animal Control) By-laws
              (Paper 846)
              No. 64, Amendments of Alice Springs (Control of Public Places) By-laws (Paper 847)
              No. 65, Amendments of Alice Springs (Todd Mall) By-laws (Paper 848)

              Regulations 2003:
              No. 13, Amendment of Supreme Court Rules (Paper 850)
              No. 14, Amendment of Marine Pollution Regulations (Paper 851)
              No. 15, Amendment of Registration Regulations (Paper 852)
              No. 16, Amendments of Unit Titles Regulations (Paper 853)
              No. 18, Amendment of Registration of Interests in Motor Vehicles and Other Goods Regulations (Paper 854)
              No. 19, Amendment of Fisheries Regulations (Paper 855)
              No. 20, Amendment of Fisheries Regulations (Paper 856)

              Report:
              Guidelines for the Classification of Films and Computer Games, dated 28th March 2003 (Paper 857)

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