Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2004-10-06

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

2. PRAYERS.

3. MINISTERIAL REPORTS:
      VET Training Achievers: The Minister for Employment, Education and Training (Mr Stirling) reported on achievements by entrants and trainers and trainees participating in Vocational Education Training schemes in the Territory.
      Dr Lim responded thereto.
      Mr Stirling responded accordingly.

      Alice Springs Hospital, construction works: The Minister for Health (Dr Toyne) reported on remedial works required at the Alice Springs Hospital following building construction works completion.
      Ms Carter responded thereto.
      Dr Toyne responded accordingly.

      Undergrounding Power Lines, Nightcliff: The Minister for Essential Services (Dr Burns) reported on the undergrounding of power lines project via a multiduct system in Nightcliff and Darwin.
      Mr Dunham responded thereto.
      Mr Wood responded thereto.
      Dr Burns responded accordingly.

      Youth Support Services The Minister for Family and Community Services (Ms Scrymgour) reported on the drop in property crime and responsibility taken by the youth for their actions which has been promoted by supporting services with strategies to assist them at an early stage in their lives.
      Mrs Miller responded thereto.
      Ms Scrymgour responded accordingly.

      Ministerial Reports noted, pursuant to Sessional Order.
4. CRIMINAL CODE AMENDMENT (CHILD ABUSE MATERIAL) BILL 2004 (Serial 253):
      Suspension of Standing Orders – Pass Bill through all stages: The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, moved – That so much of Standing Orders be suspended as would prevent the Criminal Code Amendment (Child Abuse Material) Bill 2004 (Serial 253), passing through all stages at this sittings.
      Question put and passed.
      The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
      Bill read a first time.
      Dr Toyne moved – That the Bill be now read a second time.
      Debate ensued.
      On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
5. PLACE NAMES AMENDMENT BILL 2004 (Serial 251):
      The Minister for Lands and Planning (Dr Burns), pursuant to notice, presented a Bill for an Act to amend the Place Names Act.
      Bill read a first time.
      Dr Burns moved – That the Bill be now read a second time.
      Debate ensued.
      On the motion of the Member for Brennan (Mr Burke) debate was adjourned.

6. CHILD PROTECTION (OFFENDER REPORTING AND REGISTRATION) BILL 2004 (Serial 246):
      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 13, by leave, taken together and agreed to.
      Clauses 14 to 19, by leave, taken together.
      On the motion of the Minister for Police, Fire and Emergency Services (Mr Henderson) the following amendments were put and taken together, by leave, and agreed to, after debate -
      Clause 14 read.
      In subclause (1), after "government custody", insert “in the Territory”.

      In subclause (5), after "government custody" (first reference), insert “in the Territory”.

      In subclause (6), after "government custody", insert “in the Territory”.

      Clause 14, as amended, agreed to.
      Clause 15 read.
      In subclauses (1)(b), (2)(b) and (3)(b), after "government custody" (first reference), insert “in the Territory”.

      Clause 15, as amended, agreed to.
      Clause 16 read.
      In subclause (1)(k), after "government custody" (first reference), insert “, whether in the Territory or elsewhere,”.

      Clause 16, as amended, agreed to.
      Clause 17 agreed to.
      Clause 18 read.
      In subclause (3), after "government custody", insert “, whether in the Territory or elsewhere,”.

      Clause 18, as amended, agreed to.
      Clause 19 read.
      In subclause (4), after "government custody" (first reference), insert “in the Territory”.

      Clause 19, as amended, agreed to.
      Clauses 20 to 34, by leave, taken together and agreed to.
      Clause 35 read.
      On the motion of Mr Henderson the following amendment was agreed to, after debate –
      In subclause (2)(a), after "government custody", insert “
      , whether in the Territory or elsewhere”.

      Clause 35, as amended, agreed to.
      Clauses 36 and 37, by leave, taken together and agreed to.
      Clause 38 read.
      On the motion of Mr Henderson the following amendment was agreed to, after debate –
      In paragraph (b) omit “for”.

      Clause 38, as amended, agreed to.
      Clauses 39 and 40, by leave, taken together and agreed to.
      Clause 41 read.
      On the motion of Mr Henderson the following amendment was agreed to, after debate –
      In subclause (2)(a), after "government custody" (first reference), insert “, whether in the Territory or elsewhere,”.

      Clause 41, as amended, agreed to.
      Clauses 42 to 46, by leave, taken together and agreed to.
      Clause 47 read.
      On the motion of Mr Henderson the following amendment was agreed to, after debate –
      In subclause (3), after "government custody", insert “, whether in the Territory or elsewhere”.

      Clause 47, as amended, agreed to.
      Clauses 48 to 51, by leave, taken together and agreed to.
      Clause 52 read.
      On the motion of Mr Henderson the following amendment was agreed to, after debate –
      In subclause (2)(b), after "government custody" (first reference), insert “in the Territory”.

      Clause 52, as amended, agreed to.
      Clauses 53 and 54, by leave, taken together and agreed to.
      Clause 55 read.
      On the motion of Mr Henderson the following amendment was agreed to, after debate –
      In subclause (1)(a), after "government custody", insert “in the Territory”.

      Clause 55, as amended, agreed to.
      Clauses 56 to 63, by leave, taken together and agreed to.
      Clause 64 read.
      On the motion of Mr Henderson the following amendment was agreed to, after debate –
      Omit subclause (1) and insert in its stead -
          “(1) The Commissioner must –

          (a) establish and maintain a Child Protection Offender Register; or

          (b) arrange for another person or body to establish and maintain a Child Protection Offender Register on the Commissioner's behalf.”.


      Clause 64, as amended, agreed to.
      Clause 65 agreed to.
      Clause 66 read.
      On the motion of Mr Henderson the following amendment was agreed to, after debate –
      In subclause (1), omit – the penalty provision and insert -

      “Penalty: If the person recording, disclosing or making use of the information did not gain and did not intend to gain a benefit from the recording, disclosure or use of the information – 100 penalty units or imprisonment for 2 years.

              If the person gained or intended to gain a benefit from the recording, disclosure or use – 250 penalty units or imprisonment for 5 years.

              If the person gained a benefit from the recording, disclosure or use and the value of the benefit was more than $10 000 – 500 penalty units or imprisonment for 10 years.”.


      Clause 66, as amended, agreed to.
      Clauses 67 to 73, by leave taken together and agreed to.
      Clause 74 read.
      On the motion of Mr Henderson the following amendment was agreed to, after debate –
      In subclause (2)(b), omit “more than”.

      Clause 74, as amended, agreed to.
      Remainder of the Bill, by leave, taken as a whole and agreed to.
      Bill to be reported with amendments.
      ______________
      The Assembly resumed; the Speaker took the Chair; the Chairman (Mr Wood) reported that the Assembly had agreed to the Bill with amendments; 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.
7. ALCAN REFINERY EXPANSION, GOVE – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
      The Chief Minister (Ms Martin) made a statement relating to opportunities arising from the expansion of the Alcan Refinery in Gove and opportunities to develop and broaden the base of the Territory economy.
      Ms Martin moved – That the Assembly take note of the Statement.
      Debate ensued.
      Debate suspended.
      ________________
      Suspension of sittings: The sittings of the Assembly was suspended between 11.59am and 2pm.
      ________________
8. QUESTIONS:
      2pm Mr Mills to Ms Martin.
      2.01pm Ms Lawrie to Mr Stirling.
      2.05pm Mr Mills to Ms Martin.
      2.07pm Mr Kiely to Dr Toyne.
      2.11pm Mr Wood to Ms Scrymgour.
      2.13pm Mr Mills to Ms Martin.
      2.16pm Mrs Aagaard to Mr Stirling.
      2.21pm Mr Mills to Ms Martin.
      2.25pm Mr McAdam to Dr Burns.
      Paper tabled: The Minister for Transport and Infrastructure (Dr Burns) laid on the Table the following Paper –
Letter, Minster for Transport and Infrastructure (Dr Burns) and Shadow Minister for Transport an Infrastructure (Mr Burke) to Hon Jim Lloyd MP re Road funding for unincorporated Territory roads (Paper 1474).

      2.28pm Mr Mills to Ms Martin.
      2.30pm Ms Lawrie to Ms Scrymgour.
      2.34pm Mr Wood to Mr Stirling.
      2.36pm Mr Mills to Ms Martin.
      2.38pm Ms Lawrie to Ms Martin.
      2.42pm Mr Mills to Ms Martin.
      2.45pm Mrs Aagaard to Mr Ah Kit.
      2.50pm Mr Mills to Ms Martin.
      2.55pm Mr McAdam to Ms Scrymgour.
      2.57pm Mr Wood to Dr Burns.
      2.59pm Mr Mills to Ms Martin.

      The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
9. EXPLANATION OF SPEECH:
      The Member for Nelson (Mr Wood), by leave, corrected a statement he made relating to advice from conveyancers reported during his debate associated with the Law of Property Bill 2004 (Serial 231) on 5 October 2004.
10. FURTHER NOTICE:
      The following further notice, by leave, as given:
      Mr Stirling: To present the Professional Standards Bill 2004 (Serial 252).
11. ALCAN REFINERY EXPANSION, GOVE – MINISTERIAL STATEMENT – STATEMENT NOTED:
      The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Assembly take note of the Statement –
      Debate resumed.
      Quorum: The Member for Drysdale (Mr Dunham) drew the attention of the Assembly to the state of the Assembly.
      And the Bells having been rung and a quorum obtained.

      Debate continued.
      _____________

      Extension of time: On the motion of the Member for Millner (Mr Bonson) the Member for Sanderson (Mr Kiely) was granted an extension of time.
      _____________
      Debate continued.
      Question – put and passed.
12. ADJOURNMENT:
      The Chief Minister (Ms Martin) 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 –
Commonwealth Parliamentary Conference, Quebec City and Toronto, September 2004 – Workshop and Theme topics (Paper 1477).

      Debate continued.
      Question – put and passed.
      And the Assembly adjourned at 7.08pm, until tomorrow at 10 am.
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      PAPERS:
      The following Papers were deemed to have been presented on Wednesday 6 October 2004 –
      Annual Reports:
      Legislative Assembly Members’ Superannuation Trust, 2003/2004 (Paper 1475)

      Report:
      Actuarial Review of the Northern Territory Government and Public Authorities Superannuation Scheme, as at 30 June 2004 (Paper 1476)
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      ATTENDANCE:
      All Members attended the sitting.
Last updated: 04 Aug 2016