Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2002-08-14

    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 public gallery of students from the Batchelor Institute of Indigenous Tertiary Education.
        On behalf of all Members the Speaker extended a warm welcome to the visitors.

    4. MINISTERIAL REPORTS:
        Property Crime: The Minister for Justice and Attorney-General (Dr Toyne) made a report on progress made towards achieving the 6 Point Plan of government to tackle property crime.
        Paper tabled: Dr Toyne laid on the Table the following Paper –
    Graph, Unlawful Entry With Intent 1993 – 2001 Northern Territory, ABS Recorded Crime (Paper 459).

        Mr Maley responded thereto.
        Dr Toyne responded accordingly.

        National Alcohol Education and Rehabilitation Foundation, Partnership: The Minister for Health and Community Services (Mrs Aagaard) reported on the government’s partnership with the National Alcohol Education and Rehabilitation Foundation, Australia to implement and sustain alcohol rehabilitation programs in the Territory.
        Mr Dunham responded thereto.
        Mrs Aagaard responded accordingly.

        Plan of Management, Darwin Harbour: The Minister for Lands and Planning (Mr Vatskalis) reported on the establishment of a Management Board for the development of Darwin Harbour.
        Mr Baldwin responded thereto.
        Mr Wood responded thereto..
        Mr Vatskalis responded accordingly.

        Ministerial Reports noted, pursuant to Sessional Order.
    5. EDUCATION AMENDMENT BILL 2002 (Serial 84):
        The Minister for Employment, Education and Training (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend the Education 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 Member for Blain (Mr Mills) debate was adjourned.

    6. INFORMATION BILL 2002 (Serial 85); HEALTH AND COMMUNITY SERVICES COMPLAINTS AMENDMENT BILL 2002 (Serial 86); and OMBUDSMAN (NORTHERN TERRITORY) AMENDMENT BILL 2002 (Serial 87):
        Suspension of Standing Orders: The Minister for Justice and Attorney-General (Dr Toyne), moved – That so much of the Standing Orders be suspended as would prevent Bills entitled, Information Bill 2002 (Serial 85); Health and Community Services Complaints Amendment Bill 2002 (Serial 86); and Ombudsman (Northern Territory) Amendment Bill 2002 (Serial 87) -
        (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 provide for public access to information held by the public sector, to provide for the correction of personal information held by the public sector, to provide for the responsible collection and handling of personal information by the public sector, to promote appropriate records and archives management in the public sector, and for related purposes; and a Bill for an Act to amend the Health and Community Services Complaints Act; and a Bill for an Act to amend the Ombudsman (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 Goyder (Mr Maley) debate was adjourned.
    7. ORDER OF BUSINESS - CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT BILL (No. 2) 2002 (Serial 81):
        The Minister for Justice and Attorney-General (Dr Toyne) moved – That consideration of Government Business, Notice No. 5. relating to the presentation of the Consumer Affairs and Fair Trading Amendment Bill (No. 2) 2002 (Serial 81) be postponed until a later hour.
        Question – put and passed.
    8. WORK HEALTH AMENDMENT BILL (No. 2) (Serial 77):
        The Order of the Day having been read for the resumption of the debate on the question – That the Bill be read now read a second time -
        Debate resumed.
        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 Employment, Education and Training (Mr Stirling) the Bill was read a third time and passed to be a proposed law.
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        Suspension of sittings: The sitting of the Assembly was suspended between 12.15pm and 2.15pm.
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    9. NOTICES:
        The following Notices were given:
        Dr Toyne: To present the Statute Law Revision Bill (No. 2) 2002 (Serial 80).
    10. DISTINGUISHED VISITOR:
        The Speaker advised Members of the presence in the Speaker’s Gallery of Mr Peter Snape a former Member of the House of Commons representing the constituency of West Bromwich.
        On behalf of all Members the Speaker extended a warm welcome to the distinguished visitor.
    11. QUESTIONS:
        2.15pm Mr Reed to Ms Martin.
        2.19pm Mr Bonson to Ms Martin.
        2.24pm Mr Burke to Mr Stirling.
        2.32pm Mr Kiely to Mr Henderson.
        2.37pm Mr Wood to Mr Henderson.
        2.44pm Ms Scrymgour to Mr Ah Kit.
        2.47pm Mr Mills to Mr Stirling.
        2.57pm Ms Lawrie to Mr Vatskalis.
        3pm Ms Carter to Ms Martin.
        3.06pm Mr McAdam to Mrs Aagaard.
        3.08pm Dr Lim to Mr Vatskalis.

        The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Question Paper.
    12. AUCTIONEERS ACT REPEAL BILL 2002 (Serial 65); AUCTIONEERS ACT REPEAL (CONSEQUENTIAL AMENDMENTS) BILL 2002 (Serial 66); CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT BILL 2002 (Serial 67); HOTEL-KEEPERS AMENDMENT BILL 2002 (Serial 68); and PRICES REGULATION AMENDMENT BILL 2002 (Serial 69):
        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 resumed.
        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
        (Chairman – Mr Wood)

        Auctioneers Act Repeal Bill 2002 (Serial 65):

        Bill, by leave, taken as a whole and agreed to.
        Bill to be reported without amendment.

        Auctioneers Act Repeal (Consequential Amendments) Bill 2002 (Serial 66):

        Bill, by leave, taken as a whole and agreed to.
        Bill to be reported without amendment.

        Consumer Affairs and Fair Trading Amendment Bill 2002 (Serial 67):

        Clauses 1 to 28, by leave, taken together and agreed to.
        Clause 29 read.
        On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to –

        Omit from proposed section 124(1) the words, “third-party trading scheme” and insert in their stead, “third-party trading scheme if”.

        On the motion of Dr Toyne the following further amendment was agreed to -
        Omit from proposed section 124(1)(a), “if”.

        On the motion of Dr Toyne the following further amendment was agreed to –
        In proposed section 124, insert at the end -

            “(4) The Commissioner may make a recommendation under subsection (1), and the Minister may make a declaration under subsection (2), in relation to a third-party trading scheme whether or not the scheme was in existence in the Territory immediately before the commencement of this section.”.

        On the motion of Dr Toyne the following amendment was agreed to -
        In proposed section 124A, insert at the end –
            “(2) A person who acts as a promoter of a third-party trading scheme or supplies goods or services as a party to a third-party trading scheme must not breach a condition prescribed for the purposes of section 124B(1) in relation to a third-party trading scheme of the type for which he or she acts as a promoter or to which he or she is a party.
                Penalty: If the offender is a natural person – 500 penalty units or imprisonment for 2 years.
                        If the offender is a body corporate – 2 500 penalty units.”.

        On the motion of Dr Toyne the following further amendment was agreed to -
        In proposed section 124B, insert at the end –
            “(2) Regulations made for the purposes of subsection (1) may specify different conditions in relation to different third-party trading schemes.

            (3) Regulations made for the purposes of subsection (1) do not apply in relation to a third-party trading scheme that was in existence in the Territory immediately before the commencement of this section.”.

        Clause 29, as amended, agreed to.
        Remainder of the Bill, by leave, taken as a whole and agreed to.
        Bill to be reported with amendments.

        Hotel-keepers Amendment Bill 2002 (Serial 68):

        Bill, by leave, taken as a whole and agreed to.
        Bill to be reported without amendment.

        Prices Regulation Amendment Bill 2002 (Serial 69):

        Bill, by leave, taken as a whole and agreed to.
        Bill to be reported without amendment.
        ––––––––––––––––
        The Assembly resumed; the Speaker (Mrs Braham) resumed the Chair; and the Chairman (Mr Wood) reported that the Committee had considered the Bills and agreed to the -
    Auctioneers Act Repeal Bill 2002 (Serial 65), without amendment;
    Auctioneers Act Repeal (Consequential Amendments) Bill 2002 (Serial 66), without amendment;
    Consumer Affairs and Fair Trading Amendment Bill 2002 (Serial 67), with amendments;
    Hotel-keepers Amendment Bill 2002 (Serial 68), without amendment; and
    Prices Regulation Amendment Bill 2002 (Serial 69), without amendment.

        On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the Bills were read a third time and passed to be proposed laws.
    13. ECONOMIC DEVELOPMENT STRATEGY – MOTION TO NOTE STATEMENT:
        The Order of Day having been read for the resumption of debate on the question – That the Assembly take note of the statement –
        Debate resumed.
        On the motion of the Chief Minister (Ms Martin) debate was adjourned.

    14. POPULATION GROWTH STRATEGY ISSUES – MINISTERIAL STATEMENT – STATEMENT NOTED:
        The Chief Minister (Ms Martin) made a statement relating to the need to develop strategies for population growth in the Territory and obtain public input and discussion as a first step in formulating a public population policy. (Paper 464)
        Paper tabled: The Chief Minister (Ms Martin) laid on the Table the following Paper –
    Northern Territory Population Strategy Issues Paper, dated August 2002 – Northern Territory Government (Paper 463).

        Ms Martin moved – That the Assembly take note of the Statement.
        Debate ensued.
        Question – put and passed.
    15. ADJOURNMENT:
        The Minister for Health and Community Services (Mrs Aagaard) 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 Papers –
    Letter, Mrs Gerry Baddock to the Hon Syd Stirling, dated 31st July 2002 (Paper 465); and
    Article, Campers threaten to spear Council Worker, Centralian Advocate, dated 9 August 2002 (Paper 466).

        Debate continued.
        Question – put and passed.
        And the Assembly adjourned at 21.01pm until Thursday 15 August 2002 at 10am.
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        PAPERS:
        The following Papers were deemed to have been presented on Wednesday 14 August 2002:

        Financial Statements
        Batchelor Institute of Indigenous Tertiary Education Financial Report for year ended 31 December 2001 (Paper 460)
        Northern Territory University Financial Report for year ended 31 December 2001 (Paper 461)

        Management Plan
        Casuarina Coastal Reserve, Management Plan, August 2002, Department of Infrastructure, Planning and Environment (Paper 462)
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        ATTENDANCE:
        All Members attended the sitting.
Last updated: 04 Aug 2016