Minutes of Proceedings - 2002-11-28
1. MEETING:
2. PRAYERS.
3. VISITORS:
4. PETITION:
12. SWIMMING POOL FENCING BILL 2002 (Serial 106) and SWIMMING POOL FENCING (CONSEQUENTIAL AMENDMENTS) BILL 2002 (Serial 107):
18 August 2001 (Paper 737).
15. PERSONAL EXPLANATION:
16. TREASURER’S ANNUAL FINANCIAL REPORT 2001/2002 – PAPER TABLED – MOTION TO NOTE REPORT:
17. NORTHERN TERRITORY ABORIGINAL SACRED SITES AMENDMENT BILL 2002 (Serial 120):
- The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. VISITORS:
- The Speaker advised Members of the presence in the public gallery of Essington School, Year 6 students accompanied by their teacher Ms Johanna Riddell.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
4. PETITION:
- The Member for Sanderson (Mr Kiely) presented a petition from 339 petitioners requesting that the Banyan tree or “The Tree of Life” on Lot 191, Adelaide River be allowed to live and grow unencumbered by giving alternative access to Lot 133. (Paper 735)
Petition read.
- The Member for Nelson (Mr Wood), pursuant to resolution of the Assembly, nominated himself as the independent member to serve on the Sessional Committee on the Environment and Sustainable Development.
- Farewell to Mike Silverstone: The Chief Minister (Ms Martin) reported on the relinquishment of Command of Northern Command by Brigadier Mike Silverstone.
Mr Burke responded thereto.
Crime Victims Assistance: The Minister for Justice and Attorney-General (Dr Toyne) reported on a proposed review of government assistance to be provided to victims of crime.
Paper tabled: Dr Toyne laid on the Table the following Paper –
Mr Maley responded thereto.
Dr Toyne responded accordingly.
Darwin Port Corporation: The Minister for Transport and Infrastructure Development (Mr Vatskalis) reported on the capacity and financial state of the Darwin Port Corporation.
Bakewell Primary School, Overcrowding: The Minister for Education, Training and Employment (Mr Stirling) reported on current plans to alleviate overcrowding in the school by erecting demountables and upgrading the electricity grid to the school.
Mr Mills responded thereto.
Mr Stirling responded accordingly.
Ministerial Reports noted, pursuant to Sessional Order.
- The Minister for Police, Fire and Emergency Services (Mr Henderson), pursuant to notice, presented a Bill for an Act to amend the Police Administration Act.
Bill read a first time.
Mr Henderson 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.
- The Minister for Business, Industry and Resource Development (Mr Henderson), pursuant to notice, presented a Bill for an Act to amend the Petroleum Act.
Bill read a first time.
Mr Henderson 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.
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to revise and correct the law of the Territory in minor respects.
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 Goyder (Mr Maley) debate was adjourned.
- 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 Treasurer (Mr Stirling) the Bill was read a third time and passed to be a proposed law.
- 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.
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In Committee
(Chairman - Mr Wood)
In Committee
(Chairman - Mr Wood)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to –
Omit from paragraph (f), definition of 'firm' – “the whole definition” and insert in its stead “'firm' includes a business constituted by one person;”.
Clause 4, as amended, agreed to.
Clauses 5 to 8, by leave, taken together and agreed to.
Clause 9 read.
On the motion of Dr Toyne the following amendment was agreed to –
Insert in proposed subsection (1)(d), after "real estate agent's licence" the words “, a business agent’s licence”.
Clause 9, as amended, agreed to.
Clauses 10 to 12, by leave, taken together and agreed to.
Clause 13 read.
On the motion of Dr Toyne the following amendments were agreed to –
Insert before paragraph (a) the words “(aa) by omitting from subsection (1) ‘constituted by 2 or more persons’”; and
Insert in paragraph (ba), after “real estate agent’s licence” the words “, a business agent's licence”.
Clause 13, as amended, agreed to.
Clauses 14 to 25, by leave, taken together and agreed to.
Clause 26 read.
On the motion of Dr Toyne the following amendment was agreed to –
Insert in proposed subsection(3)(b), after “section 22A” the words “or 31B”.
Clause 26, as amended, agreed to.
Clause 27 read.
On the motion of Dr Toyne the following amendment was agreed to –
Omit from paragraph (a) “under section 92(3)” and insert in its stead ”under section 92(1)”.
Clause 27, as amended, agreed to.
Clauses 28 to 30, by leave, taken together and agreed to.
Clause 31 read.
On the motion of Dr Toyne the following amendments were agreed to, after debate –
In proposed section 110A(1), omit “manager, appointed by the agent,” and insert in its stead “manager, who is a licensed agent appointed by the agent,”; and
In proposed section 110A(4)(b), omit the whole paragraph and insert in its stead
“(b) must not carry on business as an agent on his or her own account, except if he or she –
- (i) is a business manager in relation to a firm that he or she constitutes; and
(ii) is not a business manager in respect of any other business.”.
Clause 31, as amended, agreed to.
Remainder of the Bill, by leave, taken together and agreed to.
Bill to be reported with amendments.
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The Speaker (Mrs Braham) resumed 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.
12. SWIMMING POOL FENCING BILL 2002 (Serial 106) and SWIMMING POOL FENCING (CONSEQUENTIAL AMENDMENTS) BILL 2002 (Serial 107):
- 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.
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Suspension of sittings: The sittings of the Assembly was suspended between 11.58am and 2pm.––––––––––––––––
- 2pm Mr Burke to Mr Henderson.
2.04pm Mr Kiely to Ms Martin.
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Visitors: The Speaker advised of the presence in the public gallery of Electorate Officers of Members who are participating in a seminar in Parliament House. On behalf of all members the Speaker extended a warm welcome to the visitors.
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2.10pm Mr Reed to Ms Martin.2.15pm Ms Lawrie to Ms Martin.
Paper tabled: The Chief Minister (Ms Martin) laid on the Table the following Paper –
18 August 2001 (Paper 737).
2.19pm Mr Wood to Mr Henderson.
2.23pm Ms Scrymgour to Mr Ah Kit.
2.26pm Ms Carney to Dr Burns.
2.35pm Mr Bonson to Mrs Aagaard.
2.37pm Ms Carney to Dr Burns.
2.39pm Mr Wood to Ms Martin.
2.44pm Mr Mills to Mr Stirling.
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Visitor: The Speaker advised members of the presence in the Table Office of Mr Chris Baggley, a parliamentary intern attached to the office of the Member for Sanderson. ––––––––––––––––––
2.48pm Mr Bonson to Dr Toyne.
2.55pm Mr Maley to Dr Toyne.
2.56pm Ms Scrymgour to Mr Henderson.
3.01pm Mr Dunham to Mrs Aagaard.
3.05pm Mr Kiely to Mr Vatskalis.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Questions Paper.
Answer to questions: Mr Vatskalis provided an answer to a question from the Member for Nelson re Dundee Beach and Bynoe Harbour marine park. Mr Henderson provided an answer to a question from the Member for Nelson re mining industry rates of injuries.
- The Order of the Day having been read for the resumption of debate on the question, suspended earlier this day –
Debate resumed.
Question – put and passed.
Bills read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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In Committee
(Deputy Chairman – Ms Lawrie)
In Committee
(Deputy Chairman – Ms Lawrie)
Swimming Pool Fencing Bill 2002 (Serial 106):
Clauses 1 to 2, by leave, taken together and agreed to.
Clause 3 read,
Debate ensued.
Dr Lim moved the following amendment –
Insert after clause 3 (2) the following –
- “(3) Notwithstanding anything contained in subsection (1), this Act does apply to swimming pools on property that is occupied by the Crown, a statutory corporation, a council or the Jabiru Town Development Authority where that property is solely used as a residential building.”.
Debate continued.
Consideration of Clause 3 postponed.
Clause 4 read.
On the motion of the Minister for Local Government (Mr Ah Kit) the following amendment was agreed to –
Omit from subclause (1) in the definition of “residential building”, after “building, but”, all the words and insert in their stead –
- “does not include –
(c) a hotel or motel;
(d) premises (other than a house) at which accommodation is provided for a fee, or under a short term lease, for the purposes of holiday accommodation;
(e) a house at which accommodation is provided for a fee, or under a short term lease, for the purposes of holiday accommodation, unless the owner of the premises resides in the house; or
(f) a building that forms part of a complex of buildings that are principally used for non-residential purposes;”.
Consideration of Clause 4 postponed.
Reconsideration of Clause 3 together with amendment moved by Dr Lim, previously -
Insert after Clause 3(2) the following –
- “(3) Notwithstanding anything contained in subsection (1), this Act does apply to swimming pools on property that is occupied by the Crown, a statutory corporation, a council or the Jabiru Town Development Authority where that property is solely used as a residential building.”.
Amendment agreed to.
Clause 3, as amended, agreed to.
Reconsideration of Clause 4 together with amendment moved previously by Mr Ah Kit as follows –
Omit from subclause (1) in the definition of “residential building”, after “building, but”, all the words and insert in their stead –
- “does not include –
(c) a hotel or motel;
(d) premises (other than a house) at which accommodation is provided for a fee, or under a short term lease, for the purposes of holiday accommodation;
(e) a house at which accommodation is provided for a fee, or under a short term lease, for the purposes of holiday accommodation, unless the owner of the premises resides in the house; or
(f) a building that forms part of a complex of buildings that are principally used for non-residential purposes;”.
Debate resumed.
Clause 4, as amended, agreed to.
Clauses 5 and 6, by leave, taken together and agreed to.
Clause 7 read.
Mr Wood moved the following amendment –
“(1A) The owner of small premises, in an area specified in a clause in Schedule 2, at which an existing swimming pool is situated is taken to have complied with subsection (1) and the swimming pool is taken to be registered under section 13 or 14 (as the case may be) if, immediately before 1 January 2003, there was in force a certificate, permit, registration or provisional registration granted or issued in relation to the swimming pool for the purposes of or under a by-law in respect of the area.”.
Question – put and negatived.
Amendment negatived accordingly.
Debate continued on Clause 7.
Mr Wood moved the following further amendment –
Insert at the end –
- “(3) Subsection (1) does not apply in relation to an existing swimming pool that is not situated in an area specified in a clause in Schedule 2.”.
Question – put and negatived.
Amendment negatived accordingly.
Clause 7, as printed, agreed to.
Clause 8 read.
Debate ensued.
Mr Wood moved the following amendment, by leave, –
Insert at the end –
“(2) Subsection (1) does not apply to an owner of small premises at which an existing swimming pool is situated if –
- (a) by virtue of section 7(1A), the swimming pool is taken to be registered under section 13 or 14; or
(b) the swimming pool is not situated in an area specified in a clause in Schedule 2.”.
Debate ensued.
Question – put and negatived.
Amendment negatived accordingly.
Clause 8, as printed, agreed to.
Clauses 9 read and agreed to.
Clause 10 read.
Debate ensued.
The Minister for Business, Industry and Resource Development (Mr Henderson) moved – That the Question be now put.
Question – That the question be now put – put and passed.
Clause 10, as printed, agreed to.
Clause 11 read.
Debate ensued.
Clause 11, as printed, agreed to.
Clauses 12 to 14, by leave, taken together and agreed to.
Clause 15 read.
Debate ensued.
Mr Wood, by leave, withdrew his proposed circulated amendments Scheduled Nos. 33.9, 33.10 and 33.11.
Debate continued.
Clause 15, as printed, agreed to.
Clause 16 to 19, by leave, taken together and agreed to.
Clause 20 read.
Debate ensued.
On the motion of Mr Ah Kit the following amendment was agreed to, after debate –
Insert in subclause (2)(a), after “canal” the words “a marina,”.
Debate continued.
Mr Wood moved the following amendment -
Insert in subclause (5), after “lid” the words “, or a grille with a mesh size that is small enough to prevent a child from gaining access to the spa pool,”.
Debate ensued.
Question – put and negatived.
Amendment negatived accordingly.
Clause 20, as amended, agreed to.
Clause 21 agreed to.
Clause 22 agreed to.
Clauses 23 to 33, by leave, taken together and agreed to.
Clause 34 read.
Mr Wood moved the following amendment –
Omit from subclause (2) the words “A financial assistance scheme” and insert in their stead “Subject to subsection (3), a financial assistance scheme”.
Debate ensued.
Question put and negatived
Amendment negatived accordingly.
Mr Wood moved the following further amendment –
Insert at the end –
- “(3) It is a condition of a financial assistance scheme approved under subsection (1) that an application for assistance under the scheme is to be made on or before 30 June 2004.
Debate ensued.
Question put and negatived
Amendment negatived accordingly.
Clause 34, as printed, agreed to.
Clauses 35 to 39, by leave, taken together and agreed to.
Clause 40 agreed to.
Clauses 41 to 47, by leave, taken together.
Debate ensued.
The Minister for Local Government (Mr Ah Kit) moved – That the question be now put.
Question – put and passed.
Clause 41 to 47, as printed, agreed to.
Clause 48 to 50, by leave, taken together and agreed to.
Clauses 51 to 54, by leave, taken together and agreed to.
Clause 55 agreed to.
Clause 56 agreed to.
Clause 57 agreed to.
Clause 58 agreed to, after debate.
Clauses 59 to 62, by leave, taken together and agreed to.
Schedule 1 agreed to.
Schedule 2 read.
On the motion of Mr Ah Kit the following amendment was agreed to, after debate –
Omit from Clause 1 “City” and insert in its stead “Town”.
Schedule 2, as amended, agreed to.
Schedule 3 agreed to.
Title agreed to.
Bill to be reported with amendments.
Swimming Pool Fencing (Consequential Amendments) Bill 2002 (Serial 107):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
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The Speaker (Mrs Braham) resumed the Chair; the Deputy Chairman (Ms Lawrie) reported accordingly and the report was adopted.On the motion of the Minister for Local Government (Mr Ah Kit) the Bills were read a third time and passed to be proposed laws.
15. PERSONAL EXPLANATION:
- The Member for Nelson (Mr Wood) made a personal explanation pursuant to Standing Order 57, relating to comments attributed to him earlier this day during debate on the Swimming Pool Fencing legislation.
16. TREASURER’S ANNUAL FINANCIAL REPORT 2001/2002 – PAPER TABLED – MOTION TO NOTE REPORT:
- The Treasurer (Mr Stirling) laid on the Table the Treasurer’s Annual Financial Report 2001/2002 and addendum – Part 9 – Debt and employee liabilities, page 140 (Paper 741).
Mr Stirling moved – That the Assembly take note of the Report.
Debate ensued.
Ordered – That the Treasurer (Mr Stirling) have leave to continue his remarks at a later hour.
Debate adjourned.
17. NORTHERN TERRITORY ABORIGINAL SACRED SITES AMENDMENT BILL 2002 (Serial 120):
- 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 ensued.
Question – put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the whole for the consideration of the Bill.
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In Committee
(Chairman – Mr Wood)
In Committee
(Chairman – Mr Wood)
Bill, by leave, taken as a whole.
Debate ensued.
Bill, as printed, agreed to.
Bill to be reported without amendment.
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The Speaker (Mrs Braham) resumed the Chair; the Chairman (Mr Wood) reported accordingly and the report was adopted.The Minister assisting the Chief Minister on Indigenous Affairs (Mr Ah Kit) moved – That the Bill be now read a third time.
Debate ensued.
Question – put and passed.
The Bill was read a third time and passed to be a proposed law.
- The Chief Minister (Ms Martin) laid on the Table the Twenty Fourth Annual Report of the Ombudsman for the year ended 30 June 2002 (Paper 742).
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.
Question – put and passed.
Debate adjourned.
- The Leader of government Business (Mr Henderson) moved – That the Assembly at its rising adjourn until Tuesday 18th February 2003 or such other time and/or date as may be set by Madam Speaker, pursuant to Sessional Order.
Question – put and passed.
- The Chairman of the Public Accounts Committee (Mr McAdam) laid on the Table the annual Report of the Public Accounts Committee for the year financial ended 30 June 2002 (Paper 743).
Mr McAdam made a statement relating thereto.
Mr McAdam moved – That the Report be printed.
Question – put and passed.
Dr Burns moved – That the Assembly take note of the Report.
Ordered – That Dr Burns have leave to continue his remarks at a later hour.
Debate adjourned.
- The Minister for Tourism (Dr Burns) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 11.06pm until Tuesday 18 February 2003 at 10am or such other date and/or time as may be set by Madam Speaker, pursuant to Sessional Order.
- PAPERS
The following Papers were deemed to have been presented on Thursday 28 November 2002 –
Annual Reports:
AustralAsia Railway Corporation, 2001/2002 (Paper 738)
Department of Community Development, Sport and Cultural Affairs, 2001/2002 (Paper 731)
Department of Corporate and Information Services, 2001/2002 (Paper 740)
Department of Infrastructure, Planning and Environment, 2001/2002 (Paper 732)
Health and Community Services and Complaints Commission, 2001/2002 (Paper 734)
Office of the South Australian Independent Industry Regulator – Rail Regulation, 2001/2002 (Paper 739)
Power and Water, 2001/2002 (Paper 730)
Northern Territory Road Safety Council, 2001/2002 (Paper 733)
ATTENDANCE
All Members attended the sittings.
Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016