Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2003-10-07

    1. MEETING:
        The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 21 August 2003. The Speaker, the Honourable L. M. Braham, took the Chair.

    2. PRAYERS.

    3. FILMING IN THE CHAMBER:
        The Speaker advised Members that, pursunat to Sessional Order, her permission had been granted to ABC-TV and Channel 9 to film, with sound, and NT News to take photographs during the swearing-in of the new Member for Katherine.

    4. DISTINGUISHED VISITORS:
        The Speaker advised Members of the presence in the Speaker’s Gallery of Mr Mike Reed, former Member for Katherine; and the family and friends of Mrs Fay Miller the new Member for Katherine.
    5. RESIGNATION OF FORMER MEMBER FOR KATHERINE:
        The Speaker advised Members that, on 12 September 2003, she had received the resignation of the former Member for Katherine, Mr Michael Anthony Reed, submitted to her by letter in accordance with section 18 of the Northern Territory (Self-Government) Act 1978 (Paper 1063).

    6. RETURN TO WRIT – KATHERINE DIVISION:
        The Clerk produced and tabled the Return to Writ issued by Mr John Anictomatis AO, Administrator of the Northern Territory of Australia, on 18 September 2003 for the election of one Member of the Legislative Assembly of the Northern Territory for the Division of Katherine to fill the vacancy caused by the resignation of the Mr Michael Anthony Reed (Paper 1062).

        By endorsement on the Writ, dated 7 October 2003, it was certified that Mrs Christina Fay Miller had been duly elected on 4 October 2003 as a Member of the Legislative Assembly for the Division of Katherine.

    7. MEMBER SWORN:
        The Member for Katherine, Mrs Christina Fay Miller, was admitted to the Chamber, made and subscribed an oath of allegiance and of office and was conducted, by her sponsors the Mr D G Burke and the Dr R Lim, to her place in the Chamber (Paper 1067).

    8. MESSAGE FROM ADMINISTRATOR:
        The Speaker advised Honourable Members of receipt of the following Message from His Honour the Administrator:
    Message No. 17
    Assent to Proposed Laws
        I, JOHN CHRISTOPHER ANICTOMATIS, 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:

        29 August 2003
          Charles Darwin University Act 2003 (No. 45 of 2003)
          Menzies School of Health Research Amendment Act 2003 (No. 46 of 2003)
          18 September 2003
              Electrical Workers and Contractors Amendment Act 2003 (No. 48 0f 2003)
              Legal Practitioners Amendment (Incorporated Practices and Multi-disciplinary Partnerships) Act 2003 (No. 51 of 2003)
              Northern Territory Aboriginal Sacred Sites Amendment Act 2003 (No. 47 of 2003)
              Plumbers and Drainers Licensing Amendment Act 2003 (No. 49 of 2003)
              Poisons and Dangerous Drugs Amendment Act 2003 (No. 52 of 2003)
              Public Sector Employment and Management Amendment Act 2003 (No. 50 of 2003)
              Swimming Pool Fencing Amendment Act 2003 (No. 53 of 2003)
              Traffic Amendment Act 2003 (No. 54 of 2003)

          Dated 3rd of October 2003

          Sgd J. C. ANICTOMATIS
              Administrator (Paper 1061)

      9. OPPOSITION SHADOW MINISTERIAL PORTFOLIO RESPONSIBILITIES:
          The Leader of the Opposition (Mr Burke), by leave, advised the Assembly of portfolio allocation responsibilities of the Opposition, previously publicly advised on 5 September 2003 following the resignation of the former member for Katherine (Mr Reed), as follows:
          Member for Brennan
              Leader of the Opposition
              Treasurer
              Territory Development
              AustralAsia Railway
              Racing, Gaming and Licensing
          Member for Greatorex
              Deputy Leader of the Opposition
              Chairman, Policy Development Committee
              Transport and Infrastructure
              Corporate and Information Services
              Communications
              Ethnic Affairs
              Central Australia
          Member for Daly
              Leader of Opposition Business and Whip
              Primary Industry and Fisheries
              Environment and Heritage
              Parks and Wildlife
          Member for Araluen
              Attorney-General and Justice
              Tourism
              Women’s Policy
          Member for Port Darwin
              Health and Community Services
              Senior Territorians
              Arts and Museums
          Member for Drysdale
              Business, Industry and Resource Development
              Defence Support
              Essential Services
          Member for Macdonnell
              Police, Fire and Emergency Services
              Local Government
              Indigenous Affairs
              Community Development
              Regional Development

          Member for Goyder
              Lands and Planning
              Housing

          Member for Blain
              Employment, Education and Training
              Asian Relations and Trade
              Sport and Recreation
              Youth

              (Paper 1066)

      10. MINISTERIAL REPORTS:
          Administrator, appointment: The Chief Minister (Ms Martin) reported on the proposed appointment of Mr Ted Egan AM as the new Administrator for the Northern Territory.
          Mr Burke responded thereto.

          NT WorkSafe: The Minister Education, Employment and Training (Mr Stirling) made a report on the occupational health and safety provisions of the Work Health Act to deliver safety strategies.
          Mr Mills responded thereto.
          Mr Stirling responded accordingly.

          Correctional Services Review: The Minister for Justice and Attorney-General (Dr Toyne) reported on the need for an independent review of custodial services in the Northern Territory inclusive of staffing and updating custodial practices to be adopted.
          Ms Carney and Mr Wood responded thereto.
          Dr Toyne responded accordingly.

          Child Protection: The Minister for Health and Community Services (Mrs Aagaard) reported on a proposed internal review of the Community Welfare Act to revise outcomes for children and their protection.
          Ms Carter responded thereto.
          Mrs Aagaard responded accordingly.

          Ministerial Reports noted, pursuant to Sessional Order.

      11. BUSINESS TENANCIES (FAIR DEALINGS) BILL 2003 (Serial 175):
          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.
          Debate suspended.
      –––––––––––––
          Suspension of sittings: The sittings of the Assembly was suspended between 11.55am and 2pm.
      –––––––––––––

      12. DISTINGUISHED VISITORS:
          The Speaker advised members of the presence in the Speaker’s Gallery of Mr Ian Tuxworth, former Chief Minister of the Legislative Assembly and former Member for Barkly; Mr Enzo Floreani OAM, former Member for Flynn and Mrs Bernie Floreani.
          On behalf of all Members the Speaker extended a warm welcome to the distinguished visitors.

      13. NOTICES:
          The following notices were given:
          Ms Martin: To present the Parks and Reserves (Framework for the Future) Bill 2003
                      (Serial 180).
          Dr Burns: To present the Fisheries Amendment Bill 2003 (Serial 177).
          Mr Vatskalis: To present the Architects Amendment Bill 2003 (Serial 179).
      14. QUESTIONS:
          2pm Mr Burke to Ms Martin.
          2.06pm Mr Kiely to Ms Martin.
          2.11pm Mr Burke to Ms Martin.
          2.16pm Ms Scrymgour to Ms Martin.
          2.23pm Mr Dunham to Dr Burns.
          2.24pm Mr Bonson to Mr Stirling.
          2.28pm Mr Wood to Mr Vatskalis.
          2.29pm Ms Carter to Mrs Aagaard.
          2.31pm Ms Scrymgour to Mr Henderson.
          2.33pm Ms Carter to Mrs Aagaard.
          2.36pm Ms Lawrie to Mr Stirling.
          2.40pm Ms Carter to Mrs Aagaard.
          2.42pm Mr Wood to Mr Henderson.
          2.45pm Mr McAdam to Dr Toyne.
          2.50pm Mrs Miller to Mr Stirling.
          2.52pm Mr Bonson to Mr Ah Kit.
          2.57pm Mrs Miller to Ms Martin.
          3.01pm Ms Lawrie to Mrs Aagaard.

          The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
      15. BUSINESS TENANCIES (FAIR DEALINGS) BILL 2003 (Serial 175):
          The Order of the Day having been read for resumption of debate on the question, suspended earlier this day – 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 28, by leave, taken together and agreed to, after debate.
          Clause 29 read.
          On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to, after debate.

          Omit from subclause (1)(a)(ii), “shop if” and insert in its stead “shop, in a free and open market between a willing landlord and a willing tenant in an arm's length transaction, if”.
            On the motion of Dr Toyne the following further amendment was agreed to, after debate.

            Insert in subclause (1)(e), before “relevant” the word “all”.

            Clause 29, as amended, agreed to.
            Clauses 30 to 101, by leave, taken together and agreed to.
            Clause 102 read.
            On the motion of Dr Toyne the following amendment was agreed to, after debate.

            Omit subclause (1)(d).

            Clause 102, as amended, agreed to.
            Remainder of Bill, by leave, taken as a whole and agreed to, after debate.
            Bill to be reported with amendments.
            –––––––––––––––––

            The Speaker (Mrs Braham) resumed the Chair; the Chairman (Mr Wood) reported and accordingly 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.
        16. AUDITOR-GENERAL’S OCTOBER 2003 REPORT TO THE LEGISLATIVE ASSEMBLY – PRINTED – MOTION TO NOTE REPORT:
            The Speaker laid on the Table the Report of the Auditor-General to the Legislative Assembly, October 2003 (Paper 1052).
            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 leave be granted to continue her remarks at a later hour.
            Ordered – That Ms Martin have leave to continue her remarks at a later hour.
            Debate adjourned.
        17. HORTICULTURE INDUSTRY – MINISTERIAL STATEMENT – STATEMENT NOTED:
            The Minister for Primary Industry and Fisheries (Dr Burns) made a statement relating to the developing horticulture industry in the Territory including grape and mango product.
            Dr Burns moved – That the Assembly take note of the Statement.
            Debate ensued.
            Papers tabled: The Member for Daly (Mr Baldwin), by leave, laid on the Table the following Papers –
        Horticultural Production in the Northern Territory, Statement by Dr Burns, dated 7 October 2003 (Paper 1069); and
        Horticulture Production, extract of Debates, Ministerial Statement by Hon M J Palmer, dated 30 November 2000, Parliamentary Record No. 26 (Paper 1068).

            Debate continued.
            Question – put and passed.
        18. ADJOURNMENT:
            The Minister for Community Development (Mr Ah Kit) moved – That the Assembly do now adjourn.
            Debate ensued.
            Question – put and passed.
            And the Assembly adjourned at 8.06pm on Tuesday 7 October 2003 until tomorrow at 10am.
            PAPERS:
            The following Papers were deemed to have been presented on Tuesday 7 October 2003:

            Annual Report:
            Commercial Passenger Vehicle Board, Interim Report 1 March 2003 to 30June 2003 (Paper 1054)
            Northern Territory Architects Board 2001/2002 (Paper 1049)
            Northern Territory Architects Board 2002/2003 (Paper 1050)
            Northern Territory Education Advisory Council 2002 (Paper 1053)

            Government Owned Corporations Act:
            Amendment to the Constitution of the Power and Water Corporation made pursuant to section 11 of Government Owned Corporations Act approved by the Shareholding Minister on 2 October 2003 (Paper 1055)

            Regulations 2003:
            No. 45, Criminal Property Forfeiture Regulations (Paper 1064)
            No. 46, Amendments of Fisheries Regulations (Paper 1056)
            No. 47, Amendments of Supreme Court Rules (Paper 1065)
            No. 48, Special Function Vehicle Regulations (Paper 1057)
            No. 49, Courtesy Vehicle Regulations (Paper 1058)
            No. 50, Amendments of Commercial Passenger (Miscellaneous) Regulations (Paper 1059)
            No. 51, Passenger Bus Amendment Regulations (Paper 1060)

            Remuneration Tribunal:
            Magistrates of the Northern Territory, Report and Recommendation No. 2 of 2003 (Paper 1051)
            ATTENDANCE
            All Members attended the sittings.
      Last updated: 04 Aug 2016