Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2001-11-27

1. MEETING:
The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 25 October 2001. The Speaker, the Honourable L. M. Braham, took the Chair.

2. PRAYERS.

3. ADMINISTRATIVE ARRANGEMENTS OF GOVERNMENT – PAPER TABLED:
The Chief Minister (Ms Martin) laid on the Table the Administrative Arrangements Order, published in the Northern Territory Government Gazette, No.S46, dated 13 November 2001. (Paper 107)

4. WARRANT – DEPUTY CHAIRMEN OF COMMITTEES – PAPER TABLED:
The Speaker laid on the Table a Warrant nominating further Deputy Chairmen of Committees as follows –
W A R R A N T

Pursuant to the provisions of Standing Order 12, I nominate Mr J Elferink, Mr P Maley, Mr T Mills, Dr R Lim and Ms J Carney to act as Deputy Chairmen of Committees when requested so to do by the Chairman of Committees.

Given under my hand this 27th day of November Two thousand and one.


L M Braham
Speaker (Paper 108)

5. NOVEMBER 2001, MINI-BUDGET STATEMENT – MOTION OF ORDER:
The Leader of Government Business (Mr Stirling) moved - That unless otherwise ordered the Assembly’s Routine Business be postponed at 10.30am on -

(a) this day to allow the Treasurer (Ms Martin) to make a ministerial statement entitled November 2001 Mini-Budget; and

(b) Wednesday 28 November 2001 to allow the Leader of the Opposition (Mr Burke) to make a speech in reply.

Question – put and passed.

6. PETITIONS:
The Member for Wanguri (Mr Henderson), by leave, presented a petition No. 7, not conforming with Standing Orders, from 554 petitioners relating to drug addiction. (Paper 109)
Petition read.

Response to petitions: The Clerk laid on the Table a response to petition No.1 relating to container deposit legislation and advised members that the response would be incorporated in the Hansard record of the day. (Paper 110)

7. NOTICES:
Mr Stirling: To move - 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 111)

8. MINISTERIAL REPORTS – SESSIONAL ORDER – AMENDMENT AGREED TO:
The Leader of Government Business (Mr Stirling), by leave, moved – The Sessional Order of the Assembly passed on 16 October 2001 be rescinded and insert the following in its stead:
MINISTERIAL REPORTS

(1) On each sitting day after Notices, Ministers may make reports on matters relating to the government of the Northern Territory and relating to policy, decisions or actions, proposed decisions, actions or matters of public interest.

(2) Each Minister making a report shall speak for no more than 5 minutes.

(3) A member of the Opposition may comment for no more than 2 minutes on a Ministerial Report. No other member may speak, except that the minister who made the statement may reply to the matters raised. The Minister’s reply shall not exceed 1 minute.

(4) The period for Reports shall extend for no more than 30 minutes each sitting day.

(5) At the conclusion of Reports or after 30 minutes, whichever is first occurring, the Speaker shall put the question that Ministerial Reports be noted, which question shall be put without further debate or amendment. (Paper 118)

Debate ensued.
Question – put and passed.

9. AUDITOR-GENERAL’S REPORT TO THE LEGISLATIVE ASSEMBLY ON THE ANALYSIS OF THE 2000/01 TREASURER’S ANNUAL FINANCIAL STATEMENT – REPORT TABLED – REPORT PRINTED – MOTION TO NOTE REPORT:
The Speaker laid on the Table the Auditor-General’s Report to the Legislative Assembly on the analysis of the 2000/01 Treasurer’s Annual Financial Statement. (Paper 106)
The Chief Minister (Ms Martin) moved – That the report be printed.
Question – put and passed.
Ms Martin moved – That the Assembly take note of the Report and that she be granted leave to continue her remarks at a later hour.
Leave granted - Debate adjourned.

10. MINISTERIAL REPORTS:
Economic Development Summit: The Chief Minister (Ms Martin) made a statement relating to the outcomes of the Economic Summit conducted by government on 6th and 7th November 2001.
Exploration Licences: The Minister for Resource Development (Mr Henderson) made a statement relating to the issue of 69 new exploration licences.
Debate ensued.
Debate concluded.
Papers tabled: Mr Henderson laid on the Table the following Papers –
Conditions of Grant to be applied to the Grant of Exploration Licences that have complied with the Native Title Act expedited procedure (Paper 112); and
Map, Exploration Licences on Aboriginal Freehold Land and Land that may be subject to Native Title (Paper 113).

Debate ensued.
Debate concluded.
Seniors Housing: The Minister for Housing (Mr Ah Kit) made a statement relating to pensioner housing and Gillen House in Alice Springs.
Debate ensued.
Debate concluded

Reports noted, pursuant to Sessional Order.

11. BROADCAST OF PROCEEDINGS – NOVEMBER 2001 MINI BUDGET STATEMENT:
The Speaker advised Members that her permission had been given to various media to broadcast with sound and vision the Chief Minister’s November 2001 Mini Budget Statement and the Northern Territory News to take photographs of the Chief Minister.

12. NOVEMBER 2001 MINI BUDGET STATEMENT - PAPERS TABLED – MOTION TO NOTE STATEMENT:
The Chief Minister (Ms Martin) made a statement relating to the November 2001 Mini Budget.
Papers tabled: Ms Martin laid on the Table the following Papers –
Budget Paper No. 1 – Mini Budget 2001-02, Budget Statement (Paper 114);
Budget Paper No. 2 - Mini Budget 2001-02, Agency Budget Estimates (Paper 115);
Budget Paper No. 3 - Mini Budget 2001-02, Fiscal and Economic Outlook (Paper 116); and
Budget Paper No. 4 - Mini Budget 2001-02, Northern Territory Economy (Paper 117).

Ms Martin moved – That the Assembly take note of the Statement.
Debate ensued.
On the motion of the Leader of the Opposition (Mr Burke) debate was adjourned.

13. NOTICE:
The Chief Minister (Ms Martin), by leave, gave notice of her intention to present a Bill entitled – Motor Vehicles Amendment Bill 2001 (Serial 30).

14. STATUTE LAW REVISION BILL (No. 2) 2001 (Serial 19):
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.

(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 Schedule 1, omit from proposed amendment to section 5 of Companies (Unclaimed Assets and Moneys) Act

Co-operative Trading Societies ActCo-operatives Act

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.

15. SENTENCING AMENDMENT BILL (No. 4) 2001 (Serial 15):
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.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
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.

16. FINES and PENALTIES (RECOVERY) BILL 2001 (Serial 16) and FINES and PENALTIES (RECOVERY) (CONSEQUENTIAL AMENDMENTS) BILL 2001 (Serial 17):
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.


(In Committee – Chairman Mr Wood)

Fines and Penalties (Recovery) Bill 2001 (Serial 16):

Clause 1 to 105, by leave, taken together and agreed to.
Clause 106 negatived.
New Clause 106 –
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following new clause was inserted in the Bill -

106. Payment of ancillary money orders
(1) Part 3 applies to the payment of –
(a) ancillary money orders; and
(b) debts or other amounts payable to the Territory (where the Fines Recovery Unit is acting for the Territory),
in the same way as it applies to the payment of fines.

(2) Unless a court orders otherwise, an ancillary money order is payable to the Fines Recovery Unit and the Unit may pay out to the appropriate person or body money received under the order.

(3) Subject to subsection (4), money received by the Fines Recovery Unit in a matter is to be allocated firstly to payment of an ancillary money order (and if more than one ancillary money order – rateably between those orders) and then to payment of any fine or penalty.

(4) If the Fines Recovery Unit makes an enforcement order in a matter, any amount remaining unpaid under an ancillary money order may be enforced in accordance with section 107.

(5) The Fines Recovery Unit –

(a) may act for the Territory to enforce payment of an ancillary money order made in favour of the Territory; and

(b) cannot act to enforce payment of an ancillary money order in any other case.

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

Fines and Penalties (Recovery) (Consequential Amendments) Bill 2001 (Serial 17):

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 Bills and agreed to the –
Fines and Penalties (Recovery) Bill 2001 (Serial 16), with amendments; and
Fines and Penalties (Recovery) (Consequential Amendments) Bill 2001 (Serial 17), 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.
Suspension of sittings: The sittings of the Assembly was suspended at 12.07pm until 2pm.
17. FURTHER NOTICES:
The following further notices were given, by leave -
Dr Toyne: To present the Criminal Code Amendment Bill (No. 5) 2001 (Serial 23).
Dr Toyne: To present the Cullen Bay Marina Amendment Bill 2001 (Serial 24).
Dr Toyne: To present the Unit Titles Amendment Bill (No. 2) 2001 (Serial 25).
Dr Toyne: To present the Administration and Probate Amendment Bill 2001 (Serial 26).
Dr Toyne: To present the Public Trustee Amendment Bill 2001 (Serial 27).
Dr Toyne: To present the Anti-Discrimination Amendment Bill 2001 (Serial 28).
Dr Toyne: To present the Coroners Amendment Bill 2001 (Serial 29).
Dr Toyne: To present the Juvenile Justice Amendment Bill (No. 3) 2001 (Serial 31).
Mr Stirling: To present the Police Administration Amendment Bill (No. 2) 2001 (Serial 32).

18. MOTOR VEHICLES AMENDMENT BILL 2001 (Serial 30):
The Chief Minister (Ms Martin), by leave, presented a Bill for an Act to amend the Motor Vehicles Act.
Bill read a first time.
Ms Martin moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Deputy Leader of the Opposition (Mr Reed) debate was adjourned.

19. QUESTIONS:
14.10 Mr Burke to Ms Martin.
14.16 Mr Kiely to Ms Martin.
14.22 Mr Burke to Ms Martin.
14.24 Ms Lawrie to Ms Martin.
14.29 Mr Reed to Ms Martin.
14.31 Mr Wood to Ms Martin.
14.34 Mr Bonson to Ms Martin.
14.38 Mr Burke to Mr Vatskalis.
14.40 Ms Scrymgour to Ms Martin.
14.43 Mr Burke to Mr Vatskalis.
14.45 Ms Lawrie to Mr Stirling.
14.51 Mr Burke to Mr Vatskalis.
14.53 Ms Scrymgour to Mrs Aagaard.
14.54 Mr Wood to Mr Vatskalis.
14.57 Mr Burke to Mr Vatskalis.
Paper tabled: The Leader of the Opposition (Mr Burke), by leave, laid on the Table the following Paper –
Urban bituminous period contract for repair and maintenance, 18 August 2000 to 18 November 2001. (Paper 131)

15.00 Mr Bonson to Mr Vatskalis.
15.02 Mr Reed to Ms Martin.
15.04 Dr Burns to Dr Toyne.

20. ADDRESS-IN-REPLY – MOTION AGREED TO:
The Order of the Day having been read for debate on the motion - That the following Address-in-Reply be agreed to:

MAY IT PLEASE YOUR HONOUR - We, the Legislative Assembly of the Northern Territory, in Parliament assembled, desire to express our loyalty to our Most Gracious Sovereign, and to thank Your Honour for the Speech which you have been pleased to address to the Assembly.

Debate ensued.
Question – put and passed.

21. SMALL CLAIMS AMENDMENT BILL 2001 (Serial 11) and LOCAL COURT AMENDMENT BILL 2001 (Serial 12):
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 passed.
Bills read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bills.

(In Committee – Chairman Mr Wood)

Small Claims Amendment Bill 2001 (Serial 11):

Clauses 2 and 3, by leave, taken together and agreed to.
Clause 4 read.
Debate ensued.
Clause 4, as printed, agreed to.
Clause 5 read and agreed to.
Clause 6 read.
Debate ensued.
Clause 6, as printed, agreed to.
Clauses 7 and 8 read and agreed to.
Clause 1 agreed to.
Title agreed to.
Bill to be reported without amendment.

Local Court Amendment Bill 2001 (Serial 12):

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 Bills and agreed to the –
Small Claims Amendment Bill 2001 (Serial 11), without amendment; and
Local Court Amendment Bill 2001 (Serial 12), 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.

22. AVIATION INDUSTRY UPDATE - MINISTERIAL STATEMENT – STATEMENT NOTED:
The Minister for Business, Industry and Resource Development (Mr Henderson) made a statement relating to the aviation industry downturn and effects on Tourism in the Territory. (Paper 135)
Mr Henderson moved – That the Assembly take note of the Statement.
Debate ensued.
Question – put and passed.

23. ADJOURNMENT:
The Leader of Government Business (Mr Stirling) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Braitling (Mrs Braham), by leave, laid on the Table the following Paper –
Trainee Presentation Night, Alice Springs. (Paper 137)

Debate continued.
Question - put and passed.
The Assembly adjourned at 20.03pm until Wednesday 28 November 2001 at 10am.
PAPERS:
The following Papers were deemed to have been presented on Tuesday 27 November 2001:

Annual Reports:
Aboriginal Areas Protection Authority, (12th) 2000/2001 (Paper 136)
Department of Industries and Business, 2000/2001 (Paper 133)
Environment Report, Supplement to the Power and Water Authority Annual Report, 2000/2001 (Paper 130)
Health and Community Services Complaints Commission, 2000/2001 (Paper 125)
National Road Transport Commission, 2000/2001 (Paper 128)
Northern Territory Correctional Services, 2000/2001 (Paper 121)
Northern Territory Employment and Training Authority, 2000/2001 (Paper 126)
Northern Territory Government and Public Authorities Superannuation Scheme, 2000/2001 (Paper 132)
Northern Territory Government Conditions of Service Trust, 2000/2001 (Paper 127)
Northern Territory Grants Commission, 2000/2001 (Paper 134)
Northern Territory Legal Aid Commission, 2000/2001 (Paper 123)
Northern Territory Tourist Commission, 2000/2001 (Paper 124)
Power and Water Authority, 2000/2001 (Paper 122)

Financial Statement:
Menzies School of Health Research, dated September 2001 (Paper 129)

Regulations 2001:
No. 44, Pounds Regulations (Paper 119)
No. 45, Palmerston (Public Places) By-laws (Paper 120)
ATTENDANCE
All Members attended the sittings.
Last updated: 04 Aug 2016