Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2003-11-27

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

    2. PRAYERS.

    3. PETITION:
        The Member for Nelson (Mr Wood), by leave, presented a petition No. 51, not conforming with Standing Orders, from 411 petitioners relating to mandatory imprisonment of life for the crime of murder. (Paper 1175)
        Petition read.

    4. MINISTERIAL REPORTS:
        Freedom of Information: The Minister for Communications (Dr Toyne) reported on the progress and implementation of the package of freedom of information legislation.
        Ms Carney responded thereto.
        Dr Toyne responded accordingly.

        October Business Month 2003: The Minister for Business, Industry and Resource Development (Mr Henderson) reported on the range of activities and workshops and speaking engagements conducted during October by the business community.
        Mr Dunham responded thereto.

        Interactive Learning in the bush: The Minister for Health and Community Services (Mrs Aagaard) reported on the innovation of electronic pathways and programs to provide interactive learning and education in remote communities called Marvin and Uncle.
        Ms Carter responded thereto.
        Mrs Aagaard responded accordingly.

        Offshore Fisheries, practices: The Minister for Primary Industry and Fisheries (Dr Burns) reported on the management of the Territory offshore fishery resource and the need for sustainable fishing practices to be adopted by the Territory and international neighbours.
        Mr Baldwin responded thereto.
        Dr Burns responded accordingly.
        Ministerial Reports noted, pursuant to Sessional Orders.

    5. ELECTORAL BILL 2003 (Serial 195) and ELECTORAL (CONSEQUENTIAL AMENDMENTS) BILL 2003 (Serial 196):
        Suspension of Standing Orders: The Chief Minister (Ms Martin), pursuant to notice, moved - That so much of the Standing Orders be suspended as would prevent Bills entitled, Electoral Bill 2003 (Serial 195) and Electoral (Consequential Amendments) Bill 2003 (Serial 196) -

        (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.
        Ms Martin, pursuant to notice, presented a Bill for an Act to provide for elections of members of the Legislative Assembly and for related purposes; and a Bill for an Act to amend legislation consequent on the enactment of the Electoral Act 2003.
        Bills read a first time.
        Ms Martin moved – That the Bills be now read a second time.
        Debate ensued.
        Paper tabled: The Chief Minister (Ms Martin) laid on the Table the following Paper –
    Independent Review of the Northern Territory Electoral System, Final Report, October 2003 (Paper 1166).

        Debate continued.
        _________________
        Visitors: The Speaker advised Members of the presence in the public galleries of Year 6/7 students from Durack Primary School accompanied by Ms Larelle Gilbert, Mrs Debbie Willmore and Mrs Lucy Barua.
        ________________

        Debate continued.
        On the motion of the Leader of the Opposition (Mr Mills) debate was adjourned.
    6. FOOD BILL 2003 (Serial 197):
        The Minister for Health and Community Services (Mrs Aagaard), pursuant to notice, presented a Bill for an Act providing for the safety and suitability of food for human consumption and for related purposes.
        Bill read a first time.
        Mrs Aagaard moved – That the Bill be now read a second time.
        Debate ensued.
        On the motion of the Member for Port Darwin (Ms Carter) debate was adjourned.

    7. HEALTH PRACTITIONERS BILL 2003 (Serial 201):
        The Minister for Health and Community Services (Mrs Aagaard), pursuant to notice, presented a Bill for an Act to provide for the registration and enrolment of persons practising health care and the regulation of those persons, and for related purposes.
        Bill read a first time.
        Mrs Aagaard moved – That the Bill be now read a second time.
        Debate ensued.
        On the motion of the Member for Port Darwin (Ms Carter) debate was adjourned.
    8. AUSTRALASIA RAILWAY (SPECIAL PROVISIONS) AMENDMENT BILL 2003 (Serial 184) and AUSTRALASIA RAILWAY (THIRD PARTY ACCESS) BILL 2003 (Serial 185):
        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)
        AustralAsia Railway (Special Provisions) Amendment Bill 2003 (Serial 184):

        Clauses 1 to 4, by leave, taken together and agreed to.
        Clause 5 read.
        On the motion of Ms Martin the following amendment was agreed to, after debate.
        Omit proposed section 14B(2) and insert in its stead –

            “(2) The easement must not be varied unless the Minister has consulted with the consortium about the variation.”.
          On the motion of Ms Martin the following further amendment was agreed to, after debate.
          Omit proposed section14B(3) and insert in its stead –
              “(3) For varying the easement –
                  (a) the Minister must lodge a survey plan on which the variation of the easement is indicated with the Registrar-General; and

                  (b) the Registrar-General must record the particulars of the varied interests indicated on the survey plan in the land register within the meaning of the Land Title Act.”.

          Clause 5, as amended, agreed to.
          Clause 6 read.
          On the motion of Ms Martin the following amendment was agreed to, after debate.
          Omit from proposed section 21(1) “procedures” and insert in its stead “procedures, requirements and other matters”.

          On the motion of Ms Martin the following further amendment was agreed to.
          Insert after proposed section 21(1) –
              “(1A) Before making a protocol, the Ministers must consult with the consortium, and any other persons the Ministers consider have relevant interests or expertise, about the protocol.”.
          Clause 6, as amended, agreed to.
          Title agreed to.
          Bill to be reported with amendments.

          AustralAsia Railway (Third Party Access) Bill 2003 (Serial 185):

          Bill, by leave, taken as a whole and agreed to.
          Bill to be reported without amendment.
          –––––––––––––––––
          The Assembly resumed, the Speaker (Mrs Braham) took the Chair, the Chairman (Mr Wood) reported the Committee had agreed to the –
      AustralAsia Railway (Special Provisions) Amendment Bill 2003 (Serial 184), with amendments; and
      AustralAsia Railway (Third Party Access) Bill 2003 (Serial 185), without amendment.

          On the motion of the Chief Minister (Ms Martin) the Bills were read a third time and passed to be proposed laws.
          _______________
          Suspension of sittings: The sittings of the Assembly was suspended between 11.50pm and 2.15pm.
          _______________

          Visitors: The Speaker advised Members of the presence in the public galleries of the Katherine Seniors Group, accompanied by Val Dreon; and CLP and Independent members electorate officers undertaking a seminar today in the Legislative Assembly.
          On behalf of all Members the Speaker extended a warm welcome to the visitors.
      9. QUESTIONS:
          2.15pm Mr Mills to Ms Martin.
          2.18pm Ms Lawrie to Mr Vatskalis.
          2.19pm Mr Mills to Ms Martin.
          2.22pm Mr Bonson to Mr Stirling.
          2.27pm Mr Mills to Ms Martin and referred to Mr Stirling.
          2.35pm Mr Kiely to Mr Henderson.
          2.40pm Mr Wood to Mr Vatskalis.
          2.43pm Ms Carney to Ms Martin and referred to Dr Toyne.
          2.52pm Ms Scrymgour to Mr Stirling.
          2.59pm Ms Carney to Ms Martin and referred to Dr Toyne.
          3.06pm Ms Lawrie to Mr Vatskalis.
          Paper tabled: The Minister for Transport and Infrastructure (Mr Vatskalis) laid on the Table the following Paper –
      Asia Pacific Health Business Daily News, dated 27 November 2003. (Paper 1167).

          3.10pm Dr Lim to Mr Vatskalis.
          3.13pm Mrs Braham to Mr Vatskalis.
          3.14pm Mr Wood to Mr Henderson.
          3.15pm Mr Bonson to Mr Ah Kit.

          The Leader of Government Business (Mr Henderson) asked that further questions be placed on the written Question Paper.
      10. NEXT MEETING:
          The Leader of Government Business (Mr Henderson) moved - That the Assembly at its rising adjourn until Tuesday 17 February 2004 at 10.00 am or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
          Question – put and passed.

      11. LIQUOR AMENDMENT BILL (No. 2) 2003 (Serial 178):
          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 Racing, Gaming and Licensing (Mr Stirling) the Bill was read a third time and passed to be a proposed law.
      12. SENTENCING (CRIME OF MURDER) AND PAROLE REFORM BILL 2003 (Serial 181):
          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)

          Clauses 1 to 4, by leave, taken together and agreed to.
          Clause 5 agreed to.
          Clause 6 read.
          Debate ensued.
          Clause 6, as printed, agreed to.
          Clause 7 read.
          Debate ensued.
          Clause 7, as printed, 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 Acting Speaker (Ms Lawrie) took the Chair, the Chairman (Mr Wood) reported 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.
      13. CRIMINAL CODE AMENDMENT BILL (No. 4) 2003 (Serial 183):
          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.
      14. ARCHITECTS AMENDMENT BILL 2003 (Serial 179):
          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 Lands and Planning (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law.
      15. STOCK DISEASES AMENDMENT BILL 2003 (Serial 188):
          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 Primary Industry and Fisheries (Dr Burns) the Bill was read a third time and passed to be a proposed law.
      16. PUBLIC ACCOUNTS COMMITTEE ANNUAL REPORT 2002/2003 – PAPER PRINTED – MOTION TO NOTE REPORT:
          The Chairman of the Public Accounts Committee (Mr Kiely) laid on the Table the Annual Report of the Public Accounts Committee 2002/2003, dated October 2003 Report No. 41 (Paper 1171).
          Mr Kiely moved – That the Report be printed.
          Question – put and passed.
          Mr Kiely moved – That the Assembly take note of the Report and that he have leave to continue his remarks at a later hour.
          Ordered that Mr Kiely have leave to continue his remarks at a later hour.
          Debate adjourned.
      17. SUBSTANCE ABUSE IN THE COMMUNITY, SELECT COMMITTEE – WRITTEN SUBMISSIONS AND PUBLIC HEARINGS - NOTED:
          The Chairman of the Select Committee on Substance Abuse Committee (Ms Scrymgour) the following Papers –
      Written Submissions Received, 6 March 2003 – 14 October 2003 (Paper 1174);
      Public Hearings and Official Briefings, Volume 1 – 6 March 2003 to 29 July 2003 (Paper 1172); and
      Public Hearings and Official Briefings, Volume 2 – 7 August 2003 to 14 October 2003 (Paper 1173).
          Ms Scrymgour made a statement relating thereto.

      18. OMBUDSMAN REPORT 2002/2003 – PAPER TABLED – PAPER PRINTED:
          The Chief Minister (Ms Martin) laid on the Table the Annual Report of the Ombudsman 2002/2003 (Paper 1157).
          Ms Martin made a statement relating thereto.
          Ms Martin moved – That the Report be Printed.
          Question – put and passed.

      19. ADJOURNMENT:
          The Chief Minister (Ms Martin) moved – That the Assembly do now adjourn.
          Debate ensued.
          Question – put and passed.
          And the Assembly adjourned at 8.58pm until 10am on Tuesday 17 February 2004 or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
      –––––––––––––––––
          PAPERS:
          The following Papers were deemed to have been presented on Thursday 27 November 2003 –

          Annual Reports:
          AustralAsia Railway Corporation, 2002/2003 (Paper 1161)
          Darwin Port Corporation, 2002/2003 (Paper 1159)
          Department of Corporate and Information Services, 2002/2003 (Paper 1158)
          Department of the Legislative Assembly, 2002/2003 (Paper 1170)
          Health and Community Services Complaints Commission, 2002/2003 (Paper 1163)
          Heritage Advisory Council (Twelfth Annual Report), 2002/2003 (Paper 1162)
          Northern Territory Tourist Commission, 2002/2003 (Paper 1160)
          Territory Insurance Office, 2002/2003 (Paper 1168)

          Coroner’s Act:
          Report to the Legislative Assembly, Pursuant to Section 46B, in the matter of Coronial Findings and Recommendations into the Death of Mr Lennie Pinawrut (Paper 1169)

          Regulations 2003:
          No. 53, Amendment of Work Health (Occupational Health and Safety) Regulations (Paper 1164)
          No. 54, Amendments of Weapons Control Regulations (Paper 1165)

          Reports:
          Remuneration Tribunal Erratum to RTD No. 1 of 2003 (Paper 1175)
      ––––––––––––––––
          ATTENDANCE:
          All Members attended the sitting.

          Ian McNeill
          Clerk of the Legislative Assembly
    Last updated: 04 Aug 2016