Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2005-05-03

1. MEETING:
      The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 24 March 2005. The Speaker, the Honourable L. M. Braham, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR NO. 29:
      The Speaker advised Members of receipt of the following Message from His Honour the Administrator:
      Message No. 29 - Assent to Proposed Laws

      I, EDWARD JOSEPH EGAN, AO 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:

      4 March 2005
        Parks and Reserves (Framework for the Future) (Revival) Act 2005 (Act No. 3 of 2005)
        Taxation (Administration) Amendment (Objections and Appeals) Act 2005 (Act No. 5 of 2005)
        Territory Parks and Wildlife Conservation Amendment Act 2005 (Act No. 4 of 2005)
      17 March 2005
        Australian Crime Commission (Consequential Amendments) Act 2005 (Act No. 7 of 2005)
        Australian Crime Commission (Northern Territory) Act 2005 (Act No. 6 of 2005)
        Building Amendment Act 2005 (Act No. 8 of 2005)
        Construction Industry Long Service Leave and Benefits Act 2005 (Act No. 9 of 2005)
        Criminal Code Amendment Act 2005 (Act No. 13 of 2005)
        Darwin Port Corporation Amendment Act 2005 (Act No. 15 of 2005)
        Marine Amendment Act 2005 (Act No. 10 of 2005)
        Planning Amendment Act 2005 (Act No. 12 of 2005)
        Police Administration Amendment (Powers and Liability) Act 2005 (Act No. 11 of 2005)
        Residential Tenancies Amendment Act 2005 (Act No. 14 of 2005)
        Dated 12 April 2005.


        E J Egan
        Administrator (Paper 1687)


    4. MESSAGE FROM THE ADMINISTRATOR No. 30:
        The Speaker advised Honourable Members of receipt of the following Message from His Honour the Administrator:
        Message No. 30 – Recommending Appropriation Bill 2005/2006

        I, EDWARD JOSEPH EGAN, the Administrator of the Northern Territory of Australia, in pursuance of section 11 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act to authorise the issue and expenditure of public moneys of the Territory in respect of the year ending 30 June 2006.

        Dated 22 April 2005


        (Sgd) TED EGAN
        Administrator (Paper 1688)

    5. ROUTINE OF BUSINESS, ORDER OF BUSINESS:
        The Leader of Government Business (Mr Henderson) moved – That the Routine of Business of the Assembly be rearranged or suspended, if a question or debate is before the Chair, so as to permit the Treasurer to deliver the Budget 2005/2006 at 11am this day.
        Question – put and passed.

    6. BROADCAST OF BUDGET SPEECH 2005/2006 - STATEMENT:
        The Speaker advised Members that permission had been given for various media to broadcast live or rebroadcast, with sound and vision, the presentation of the Budget 2005/2006 and the Treasurer’s Speech; for 8 TOP FM Radio to broadcast live the presentation of the Budget 2005/2006 and the Treasurer’s Speech; and the Northern Territory News to take photographs.

    7. DISTINGUISHED VISITORS:
        The Speaker advised members of the presence in the Speaker’s Gallery of a Royal Thai Embassy Delegation comprising the Deputy Chief of Mission, Mr Udomphol Ninnad and First Secretary, Miss Kundhinee Aksornwong.
        On behalf of all Members the Speaker extended a warm welcome to the visitors.

    8. CONDOLENCE – POPE JOHN PAUL II – MOTION AGREED TO:
        The Speaker advised Members of the death of His Holiness, Pope John Paul II on 2 April 2005.

        The Chief Minister (Ms Martin), by leave, moved - That this Assembly express its deep regret at the death on 2 April 2005 of His Holiness, Pope John Paul II, and place on record the Assembly’s appreciation for the contribution he made towards reconciliation and amity between people and particularly his ties to the Northern Territory and extend its deep sympathy to all members of the Catholic community on the loss of their spiritual leader.

        The Chief Minister (Ms Martin) thereupon addressed the Assembly.
        The Leader of the Opposition (Mr Burke) addressed the Assembly.
        Debate ensued.
        Question – put and passed.
        Motion agreed to.

        As a mark of respect Members stood in their places for one minute, in silence.

    9. MINISTERIAL REPORTS:
        Undergrounding of Power Lines: The Minister for Essential Services (Dr Burns) reported on the undergrounding of power lines project in the Northern Suburbs of Darwin.
        Mr Dunham responded thereto.
        Dr Burns responded accordingly.

        Boosting Territory Skill Base: The Minister for Business and Industry (Mr Henderson) reported on government programs to attract skilled workers to the Territory and boost numbers of tradespeople in the traditional areas of the trades workforce.
        Mr Burke responded thereto.
        Mr Henderson responded accordingly.

        Indigenous Funding, bilateral agreement with Commonwealth: The Chief Minister (Ms Martin) reported on an agreement with the Federal Government signed by the Prime Minister at Wadeye to improve and coordinate funding for services in indigenous communities.
        Mr Elferink responded thereto.
        Ms Martin responded accordingly.

        Mining Road Show 2005: The Minister for Mines and Energy (Mr Vatskalis) reported on the government promotion program to attract business investment into mining and petroleum activity and projects in the Territory.
        Mrs Miller responded thereto.
        Mr Vatskalis responded accordingly.

        Ministerial Reports noted, pursuant to Sessional Order.

    10. CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES AMENDMENT BILL 2005 (Serial 284):
        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.
    11. APPROPRIATION BILL 2005/2006 (Serial 287):
        The Treasurer (Mr Stirling) presented a Bill for an Act to authorise the issuing and expending of public moneys of the Territory in respect of the year ending 30 June 2006, the subject of His Honour the Administrator’s Message No. 30 notified earlier this day.
        Bill read a first time.
        Mr Stirling moved – That the Bill be now read a second time.
        Papers Tabled: The Treasurer (Mr Stirling) laid on the Table the following Papers –
    Budget Paper No. 1 – Speech, 2005/2006 (Paper 1689);
    Budget Paper No. 2 – Fiscal and Economic Outlook, 2005/2006 (Paper 1690);
    Budget Paper No. 3 – The Budget, 2005/2006 (Paper 1691);
    Budget Paper No. 4 –The Infrastructure Program, 2005/2006 (Paper 1692);
    Business Highlights, 2005/2006 (Paper 1693);
    Northern Territory Economy, 2005/2006 (Paper 1694);
    Northern Territory Economy Overview, 2005/2006 (Paper 1695);
    Regional Highlights, 2005/2006 (Paper 1725).
        Debate ensued.
        On the motion of the Leader of the Opposition (Mr Burke) debate was adjourned.
    _____________
        Suspension of sittings: The sittings of the Assembly was suspended between 11.29 and 2.30pm.
    _____________

    12. NOTICES:
        The following notices were given:
        Mr Stirling: To present the Pay-roll Tax Amendment Bill 2005 (Serial 288).
        Mr Stirling: To present the Stamp Duty Amendment Bill 2005 (Serial 290).
        Mr Stirling: To present the Taxation (Administration) Amendment Bill 2005 (Serial 289).
        Mr Stirling: To move - That so much of Standing Orders be suspended as would prevent three Bills entitled, Pay-roll Tax Amendment Bill 2005 (Serial 288), Taxation (Administration) Amendment Bill 2005 (Serial 289); and Stamp Duty Amendment Bill 2005 (Serial 290) -
                (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.

    13. QUESTIONS:
        2.32pm Mr Burke to Mr Stirling.
        2.34pm Mrs Aagaard to Mr Stirling.
        2.40pm Mr Burke to Mr Stirling.
        2.45pm Ms Lawrie to Mr Stirling.
        2.47pm Mr Burke to Mr Stirling.
        2.51pm Mr Wood to Dr Toyne.
        2.53pm Mr Burke to Mr Stirling.
        2.58pm Mr Bonson to Mr Stirling.
        3.02pm Mr Burke to Mr Stirling.
        3.06pm Mr Kiely to Mr Stirling.
        3.10pm Mr Burke to Mr Stirling.
        3.14pm Mrs Aagaard to Mr Henderson.
        3.19pm Mr Wood to Dr Burns.
        3.22pm Mr Burke to Mr Stirling.
        3.27pm Mr McAdam to Dr Toyne.

        The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Questions Paper.

    14. JUSTICE PORTFOLIO (MISCELLANEOUS AMENDMENTS) BILL 2005 (Serial 283):
        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, after debate –
        Clause 56 –
        Omit proposed section 102A(1)(a) and insert instead, “(a) an order made under section 11, 13, 34, 40, 44 or 78K;”.

        Bill, as amended, agreed to.
        Bill to be reported with an amendment.
        ____________

        The Assembly resumed; and the Deputy Speaker (Ms Lawrie) took the Chair; the Chairman (Mr Wood) reported 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.

    15. TRANS-TERRITORY PIPELINE AND BLACKTIP GAS PROJECTS (SPECIAL PROVISIONS) BILL 2005 (Serial 285):
        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 Chief Minister (Ms Martin) the Bill was read a third time and passed to be a proposed law.

    16. VOLATILE SUBSTANCE ABUSE PREVENTION BILL 2004 (Serial 270) AND MISUSE OF DRUGS AMENDMENT BILL 2004 (Serial 271):
        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.
        On the motion of the Member for Port Darwin (Ms Carter) the Member for Araluen (Ms Carney) was granted an extension of time.
        Debate continued.
        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)

        Volatile Substance Abuse Prevention Bill 2004 (Serial 270):

        Clauses 1 to 3, by leave, taken together and agreed to.
        Clause 4 read.
        Debate ensued.
        Clause 4, as printed , agreed to.
        Clauses 5 to 7, by leave, taken together and agreed to.
        Clause 8 read.
        Debate ensued.
        Clause 8, as printed, agreed to.
        Clause 9 agreed to.
        Clause 10 read.
        Debate ensued.
        Clause 10, as printed, agreed to.
        Clause 11 and 12, by leave, taken together and agreed to.
        Clause 13 read.
        Debate ensued.
        Clause 13, as printed, agreed to.
        Clauses 14 read.
        Debate ensued.
        Clause 14, as printed, agreed to.
        Clauses 15 and 16, by leave, taken together and agreed to.
        Clause 17 read.
        Debate ensued.
        Clause 17, as printed, agreed to.
        Clause 18 agreed to.
        Clause 19 read.
        Debate ensued.
        Clause 19, as printed, agreed to.
        Clauses 20 to23, by leave, taken together and agreed to.
        Clause 24 read.
        Debate ensued.
        Clause 24, as printed, agreed to.
        Clauses 25 and 26, by leave, taken together and agreed to.
        Clause 27 read.
        Debate ensued.
        Clause 27, as printed, agreed to.
        Clauses 28 to 30, by leave, taken together and agreed to.
        Clause 31 read.
        On the motion of the Minister for Family and Community Services (Ms Scrymgour) the following amendment was agreed to, after debate -

        Omit from the definition of “assessor”, “medical practitioner or psychologist” and insert “health practitioner”.

        Clause 31, as amended, agreed to.
        Clauses 32 agreed to.
        Clause 33 read.
        Debate ensued.
        Clause 33, as printed, agreed to.
        Clause 34 read.
        On the motion of Ms Scrymgour the following amendment was agreed to, after debate –
        Omit subclause (1)(b) and insert in its stead –
            (b) a health practitioner to examine the person and make the assessment.
        Clause 34, as amended, agreed to.
        Clause 35 read.
        Debate ensued.
        Clause 35, as printed, agreed to.
        ____________

        Suspension of sittings: The sittings of the Assembly was suspended between 8.23pm and 8.38pm.
        ____________

        Clauses 36 to 38, by leave, taken together.
        Debate ensued.
        Clauses 36 to 38, as printed, agreed to.
        Clause 39 read.
        Debate ensued.
        Clause 39, as printed, agreed to.
        Clause 40 agreed to.
        Clause 41 read.
        Debate ensued.
        Clause 41, as printed, agreed to.
        Clause 42 agreed to.
        Clause 43 read.
        Debate ensued.
        Clause 43, as printed, agreed to.
        Clause 44 agreed to.
        Clause 45 read.
        Debate ensued.
        Clause 45, as printed, agreed to.
        Clauses 46 to 48, by leave, taken together and agreed to.
        Clause 49 read.
        Debate ensued.
        Clause 49, as printed, agreed to.
        Clauses 50 to 65, by leave, taken together and agreed to, after debate.
        Clause 66 read.
        Debate ensued.
        Clause 66, as printed, agreed to.
        Remainder of the Bill, by leave, taken as a whole and agreed to, after debate.
        Bill to be reported with amendments.


        Misuse of Drugs Amendment Bill 2004 (Serial 271):

        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 -
    Volatile Substance Abuse Prevention Bill 2004 (Serial 270), with amendments; and
    Misuse of Drugs Amendment Bill 2004 (Serial 271), without amendment.

        And the report was adopted.
        The Minister for Family and Community Services (Ms Scrymgour) moved - That the Bills be now read a third time.
        Debate ensued.
        Question - put and passed.
        The Bills were read a third time and passed to be proposed laws.

    17. ADJOURNMENT:
        The Chief Minister (Ms Martin) moved – That the Assembly do now adjourn.
        Debate ensued.
        Question – put and passed.
        And the Assembly adjourned at 9.55pm, until tomorrow at 10 am.
    –––––––––––––––––
        PAPERS:
        The following Papers were deemed to have been presented on Tuesday 3 May 2005 -

        Police Administration Act:
        Consent Agreement between Hon. Syd Stirling, Minister for Employment, Education and Training and Mr Vincent Michael Kelly, President, Northern Territory Police Association Inc, Re Accommodation entitlements, ACPOS, Expenses on Transfer and Superintendents, pursuant to section 51, dated 17 March 2005 (Paper 1699)
        Consent Agreement between Hon. Syd Stirling, Minister for Employment, Education and Training and Mr Vincent Michael Kelly, President, Northern Territory Police Association Inc, Re Consolidated Allowance, pursuant to section 51, dated 17 March 2005 (Paper 1700)
          Regulations 2005:

          No. 7, Local Court Amendment Rules (Paper 1696)
          No. 8, Parks and Reserves (Framework for the Future) Regulations (Paper 1697)
          No. 9, Taxation and Royalty Appeals Tribunal Rules (Paper 1698)

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