Minutes of Proceedings - 2003-06-19
1. MEETING:
2. PRAYERS.
3. PETITION:
4. OPPOSITION SHADOW MINISTRY:
8. NEXT MEETING – MOTION AGREED TO:
13. TRAFFIC AMENDMENT BILL (No. 2) 2003 (Serial 145):
15. EVIDENCE AMENDMENT BILL 2003 (Serial 141):
New Motor Vehicles Sales by Australia (RHS) and NT (LHS), ABS (Paper 942).
18. CENSURE OF MINISTER FOR HEALTH AND COMMUNITY SERVICE – MOTION NEGATIVED:
22. STANDING ORDERS COMMITTEE, SECOND REPORT OF THE 9TH ASSEMBLY, JUNE 2003 – REPORT PRINTED - MOTION TO ADOPT REPORT AND RECOMMENDATIONS:
Alice Springs Post Sittings Report (Paper 945); and
Alice Springs Sittings – Cost Details (Paper 945).
- The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. PETITION:
- The Member for Casuarina (Mr Vatskalis), by leave, presented a petition from 90 petitioners requesting respite from a development proposal for the building of 4 storey blocks of units on Trower Road. (Paper 936)
Mr Vatskalis, by leave, moved that the petition be read.
Petition read.
4. OPPOSITION SHADOW MINISTRY:
- The Leader of the Opposition (Mr Burke), by leave, advised the Assembly of changes to responsibilities of shadow ministers as follows -
Dr Lim assumes additional responsibility for Local Government and for Indigenous Affairs.
- Brunei and Philippines Trade Delegation: The Minister for Asian Relations and Trade (Mr Henderson) reported on his visit to Brunei and the Philippines in March 2003 as part of a Northern Territory Trade delegation.
Mr Dunham responded thereto.
Mr Henderson responded accordingly.
Basketball Stadium, Marrara: The Minister for Sport and Recreation (Mr Ah Kit) reported on the recent opening of the new airconditioned multipurpose basketball and netball courts at the Marrara Sporting Complex.
Mr Mills responded thereto.
Mr Ah Kit responded accordingly.
East Timorese Asylum Seekers: The Minister for Ethnic Affairs (Mr Vatskalis) reported on his attendance at a meeting of the Ministerial Council for Immigration and Multicultural Affairs and outlined the current situation of East Timorese Asylum seekers in Darwin.
Dr Lim responded thereto.
Mr Vatskalis responded accordingly.
Site Contamination Legislation, proposed: The Minister for the Environment and Heritage (Dr Burns) reported on the proposed establishment of a legislative regime for the control and management of contaminated industrial land sites.
Mr Baldwin responded thereto.
Mr Wood responded thereto.
Dr Burns responded accordingly.
Ministerial reports noted, pursuant to Sessional Order.
- The Minister for Police, Fire and Emergency Services (Mr Henderson) made a personal explanation relating to the tenor of remarks contained in a question asked of him by the Member for Araluen during Questions on 18 June 2003 concerning investigations by police.
- The Leader of Government Business (Mr Henderson), pursuant to notice, moved - That the Routine of Business for Friday 27 June 2003 be as follows:
- Prayers; Petitions; Notices; Government Business pursuant to resolution of the Assembly, dated 27 February 2003; and Adjournment.
Question – put and passed.
8. NEXT MEETING – MOTION AGREED TO:
- The Leader of Government Business (Mr Henderson), pursuant to notice, moved - That the Assembly at its rising adjourn until 5.00pm on Friday 27 June 2003 or such other time as notified by the Speaker with one hour notice being given to Government and Opposition Whips and Members by the Speaker, or such other time and/or date as may be advised by the Speaker, pursuant to Sessional Order.
Question – put and passed.
- The Leader of Government Business (Mr Henderson), pursuant to notice moved - That the Standing Orders Committee be granted an extension of time until February 2004 to report to the Assembly on the Code of Conduct and Ethical Standards reference provided to the Committee on 20 June 2002.
Debate ensued.
Question – put and passed.
- The Minister for Lands and Planning (Mr Vatskalis), pursuant to notice, presented a Bill for an Act to amend the Plumbers and Drainers Licensing Act.
Bill read a first time.
Mr Vatskalis moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Daly (Mr Baldwin) debate was adjourned.
- The Leader of Government Business (Mr Henderson) moved – That so much of Standing Orders be suspended as would prevent the next General Business Day being conducted on Wednesday 13 August 2003.
- Question – put and passed.
- The Leader of Government Business (Mr Henderson) moved – That Government Business, Orders of the Day No. 7, relating to the motion noting the statement on the incorporation of the Power and Water Authority as a Government Owned Corporation, be discharged from the Notice Paper.
Question – put and passed.
13. TRAFFIC AMENDMENT BILL (No. 2) 2003 (Serial 145):
- The Minister for Transport and Infrastructure (Mr Vatskalis), pursuant to notice, presented a Bill for an act to amend the Traffic Act.
Bill read a first time.
Mr Vatskalis 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.
- The Order of the Day having been read for the resumption of debate on the question – The Bill be now read a second time -
Debate resumed.
Extension of time: The Minister for Business, Industry and Resource Development (Mr Henderson) moved – That the Treasurer (Mr Stirling) be granted an extension of time pursuant to Standing Orders.
Question – put and passed.
Debate continued.
Question – put and passed.
Bill read a second time.
The remaining stages of the Bill will be considered by the Assembly on Friday 27 June 2003 pursuant to resolution of the Assembly of 27 February 2003.
15. EVIDENCE AMENDMENT BILL 2003 (Serial 141):
- 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.
Question – put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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In Committee
(Chairman - Mr Wood)
In Committee
(Chairman - Mr Wood)
Clauses 1 to 3, by leave, taken together, and agreed to.
Clause 4 read.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to -
In proposed section 24(3), omit - the whole subsection and insert in its stead –
- “(3) If a party intends to rely on the certificate, the party must –
- (a) at least 15 business days before the hearing day, give a copy of the certificate to each other party; and
(b) at the hearing, call the reporting scientist to give evidence unless the parties agree otherwise.”.
In proposed section 24(5), omit “challenging the matter at the hearing of the proceeding” and insert in its stead “the hearing day”.
On the motion of Dr Toyne the following further amendment was agreed to.
Omit proposed section 24(6), the whole subsection.
On the motion of Dr Toyne the following further amendment was agreed to.
Proposed section 24(12), insert in alphabetical order
- “'hearing day' means the day fixed for the start of the hearing of a proceeding;”.
Clause 4 as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
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The Assembly resumed; the Speaker took the Chair; the Chairman (Mr Wood) reported the Bill accordingly; and the report was adopted. 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 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 Lands and Planning (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law.
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- Suspension of sittings: The sittings of the Assembly was suspended between 11.52am and 2pm.
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17. QUESTIONS:
- 2pm Ms Carter to Mrs Aagaard.
Paper tabled: The Member for Port Darwin (Ms Carter) laid on the Table the following Paper –
2.01pm Ms Lawrie to Ms Martin.
2.04pm Ms Carter to Mrs Aagaard.
2.06pm Ms Scrymgour to Mr Stirling.
2.11pm Ms Carter to Mrs Aagaard.
2.13pm Mr Kiely to Ms Martin.
2.15pm Mr Dunham to Mrs Aagaard.
Paper tabled: The Member for Drysdale (Mr Dunham), by leave, laid on the Table the following Paper –
2.17pm Ms Lawrie to Dr Burns.
2.21pm Mr Wood to Vatskalis.
2.24pm Mr Dunham to Mrs Aagaard.
2.28pm Mr Kiely to Mr Stirling.
Papers tabled: The Treasurer (Mr Stirling) laid on the Table the following Papers -
New Motor Vehicles Sales by Australia (RHS) and NT (LHS), ABS (Paper 942).
2.32pm Mr Dunham to Mrs Aagaard.
The Member for Drysdale (Mr Dunham) in moving a motion to censure the Minister for Health and Community Services (Mrs Aagaard) –
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.
18. CENSURE OF MINISTER FOR HEALTH AND COMMUNITY SERVICE – MOTION NEGATIVED:
- The Member for Drysdale (Mr Dunham) thereupon moved – That the Assembly censure the Minister for Health and Community Services (Mrs Aagaard) for –
(a) her failure to met her statutory responsibility to protect the health and safety of the staff of her department while at work, as evidenced by the current crisis in the Gove district;
(b) her failure to implement, with any real commitment, her Aggression Policy as introduced in February 2002;
(d) the Government’s practice of transferring victims out, rather than solving the problem. (Paper 943)
Debate ensued.
Question – put and negatived.
- The Leader of Government Business (Mr Henderson) moved – That Government Business, Orders of the Day No. 5 relating to the Firearms Amendment Bill 2003 (Serial 158) being called on forthwith.
Question – put and passed.
- 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.
Extension of time: On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the Minister for Police, Fire and Emergency Services (Mr Henderson) was granted an extension of time pursuant to Standing Orders.
Debate continued.
Question – put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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In Committee
(Chairman – Mr Wood)
In Committee
(Chairman – Mr Wood)
Clauses 1 to 11, by leave, taken together and agreed to.
Clause 12 read.
On the motion of the Minister for Police, Fire an Emergency Services (Mr Henderson) the following amendment was agreed to, after debate -
Omit proposed sections 15B(3) and (4) and insert in their stead –
- “(3) Subsection (2)(c) does not apply in relation to a person who, at the time of applying for a category H sports shooter's licence, is the holder of –
(a) a category H sports shooter's licence;
- (b) a shooter's licence authorising the possession and use of a category H firearm that was granted for (or partially for) the genuine reason of sports shooting; or
(c) a corresponding licence.”.
On the motion of Mr Henderson the following further amendment was agreed to, after debate -
Proposed section 15C(a), omit – the whole paragraph and insert in its stead –
- “(a) the only firearms that can be registered under the licence are prescribed firearms;”.
Clause 12, as amended, agreed to.
Clauses 13 to 17, by leave, taken together and agreed to.
Clause 18 read.
On the motion of Mr Henderson the following amendment was agreed to -
Omit paragraph (b) and insert in its stead –
- “(b) by omitting subsection (3)(a).”.
Clause 18, as amended, agreed to.
Clauses 19 and 20, by leave, taken together and agreed to.
Clause 21 read.
Mrs Braham moved the following amendment -
Omit paragraph (b).
Debate ensued.
Amendment negatived.
Clause 21, as printed, agreed to.
Clauses 22 to 24, by leave, taken together and agreed to.
Clause 25 read.
On the motion of Mr Henderson the following amendment was agreed to, after debate -
Insert after paragraph (a) –
- (aa) by omitting from subsection (1)(b) "disqualifying offence or an offence of violence" and substituting "disqualifying offence, an offence of violence or an offence against this Act; and".
Clauses 26 to 38, by leave, taken together and agreed to.
Clause 39 read.
On the motion of Mr Henderson the following amendment was agreed to, after debate -
Omit from proposed section 110(5)(a) “the prescribed rate” and insert in its stead “the rate specified in the National List of Compensation Values for Handgun Buyback 2003 as published from time to time by the Commonwealth”.
On the motion of Mr Henderson the following further amendment was agreed to, after debate -
In proposed section 110(6), after "Commissioner must", insert – (subject to section 110A)
Insert after proposed section 110 –
"110A. Voluntary surrender of category H firearms
- "(1) Despite that a category H firearm presented under section 110 is of a type that is prescribed for that section and can be re-registered, the person in whose name the firearm was registered may voluntarily surrender the firearm to the Territory and, subject to subsection (2), receive compensation at the rate referred to in section 110(5)(a).
"(2) Compensation is payable under subsection (1) only if the person surrenders every category H firearm held under the person's licence.
"(3) The Commissioner must revoke the licence to possess and use category H firearms of a person who voluntarily surrenders a Category H firearm under this section, and the person is not eligible to apply for the grant of a category H sports shooters licence for 5 years from the date of revocation.".
Clause 39, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
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The Assembly resumed; the Deputy Speaker (Mr McAdam) took the Chair; the Chairman (Mr Wood) reported the Bill accordingly; and the report was adopted.On the motion of the Minister for Police, Fire and Emergency Services (Mr Henderson) the Bill was read a third time and passed to be a proposed law, after debate.
- The Order of the Day having been read for the resumption of debate on the question – The Assembly take note of the Report –
Debate resumed.
Question – put and passed.
22. STANDING ORDERS COMMITTEE, SECOND REPORT OF THE 9TH ASSEMBLY, JUNE 2003 – REPORT PRINTED - MOTION TO ADOPT REPORT AND RECOMMENDATIONS:
- The Chairman of the Standing Orders committee (Mr Henderson) laid on the Table the Second Report of the Standing Orders Committee, June 2003 (Paper 944).
Mr Henderson made a statement relating thereto.
Mr Henderson moved – That the report be printed.
Question – put and passed.
Mr Henderson moved – That the Assembly adopt the report and its recommendations and that he have leave to continue his remarks at a later hour.
Debate adjourned.
- The Speaker made a report on the conduct of the Alice Springs sittings of the Assembly.
Papers tabled: The Speaker laid on the Table the following Papers –
Alice Springs Post Sittings Report (Paper 945); and
Alice Springs Sittings – Cost Details (Paper 945).
- The Minister for Transport and Infrastructure (Mr Vatskalis) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 10.16pm on Thursday 19 June 2003 until Friday 27 June 2003 at 5pm, or such other time and or date as may be advised by the Speaker pursuant to Sessional Order.
PAPERS:
The following papers were deemed to have been presented on Thursday 19 June 2003:
Annual Report:
Parole Board of the Northern Territory, year ending 31 December 2002 (Paper 938)
Regulations 2003:
No. 34, Amendments of Supreme Court Rules (Paper 937)
- ATTENDANCE
All Members attended the sittings.
Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016