Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2003-08-21

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

2. PRAYERS.

3. MINISTERIAL REPORTS:
Delegation to Republics of Greece and Cyprus: The Chief Minister (Ms Martin) reported on a proposed official government delegation visit to Greece and Cyprus commencing on 31 August 2003.
Mr Burke responded thereto.
Ms Martin responded accordingly.

National Recreational and Indigenous Fishing Survey: The Minister for Primary Industry and Fisheries (Dr Burns) reported on the support by government and outcomes of the National Recreational and Indigenous Fishing Survey conducted in the Territory.
Mr Maley responded thereto.
Dr Burns responded accordingly.

History Grants Scheme: The Minister for Corporate and Information Services (Dr Toyne) reported on the issue of grants to various persons under the government History Grants Scheme.
Ms Carter responded thereto.

Small business training workshops: The Minister for Business, Industry and Resource Development (Mr Henderson) reported on the extent and development of marketing and supporting small business with the conduct of training business programs.
Mr Dunham responded thereto.
Mr Henderson responded accordingly.

Ministerial Reports noted, pursuant to Sessional Orders.

4. BUSINESS TENANCIES (FAIR DEALINGS) BILL 2003 (Serial 175):
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to make provision in relation to leases of certain retail shops and other business premises, the rights and obligations of landlords and tenants of those shops and premises, to repeal the Commercial Tenancies Act and for other purposes.
Bill read a first time.
Dr Toyne moved – That the Bill be now read second time.
Debate ensued.
On the motion of the Member for Blain (Mr Mills) debate was adjourned.

5. CHARLES DARWIN UNIVERSITY BILL 2003 (Serial 169) and MENZIES SCHOOL OF HEALTH RESEARCH AMENDMENT BILL 2003 (Serial 170):
The Order of the Day having been read for resumption of debate on the question – That the Bills be now read a second time –
Debate resumed.
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Visitors: The Speaker advised Members of the presence in the public galleries of Year 12 students from Darwin High School accompanied by their teacher Ms Elizabeth Mountford and extended a warm welcome to the visitors on behalf of all Members.
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Debate continued.
Debate suspended.
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Suspension of sittings: The sittings of the Assembly was suspended between 12.08pm and 2.15pm.
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Visitors: The Speaker advised Members of the presence in the public galleries of Year 6 Nakara Primary School students accompanied by their teacher Ms Briseis More and extended a warm welcome to the visitors on behalf of all Members.
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6. STATEMENT – MATTER OF PRIVILEGE – MOTION TO BE MOVED FOLLOWING ROUTINE OF BUSINESS:
The Speaker (Mrs Braham) advised Members of the receipt of a letter from the Member for Goyder (Mr Maley), pursuant to Standing Order 83, in which he raised a proposed matter of privilege and has sought precedence of other business for the purpose of moving a motion to refer the matter to the Committee of privileges.

In accordance with the information provided to me by the Member for Goyder and after consideration of the matter in accordance with the guidelines provided by resolution of the Assembly, dated 23 May 1996 and being aware that today is the last sitting day until 7th October 2003 I hereby determine that the motion should be given precedence of all other business and that it be called on following consideration of today’s Routine Business.

7. NOTICE:
Mr Maley: To move, later this day – That the following matter be referred to the Committee of Privileges, namely the Minister Kon Vatskalis’ apparent breach of Section 10 of the Legislative Assembly (Register of Members’ Interest ) Act for his failure to declare his interests in the business of personally providing a Greek translation service advertised on the Internet at www.translatorscafe.com.

8. QUESTIONS:
2.18pm Mr Maley to Ms Martin.
Paper tabled: The Member for Goyder (Mr Maley), by leave, laid on the Table the following Paper –
TranslatorsCafe’.com, Web page (Paper 1039).

2.25pm Mr Kiely to Mr Vatskalis.
2.28pm Mr Maley to Mr Vatskalis.
2.30pm Ms Scrymgour to Mr Ah Kit.
2.35pm Mr Maley to Mr Vatskalis.
Paper tabled: The Member for Goyder (Mr Maley), by leave, laid on the Table the following Paper –
Extract, Legislative Assembly Members’ Web page, Minister Vatskalis (Paper 1040).

2.36pm Ms Scrymgour to Ms Martin.
2.40pm Mr Dunham to Mr Vatskalis.
2.42pm Mr Bonson to Mr Henderson.
2.46pm Mr Wood to Mr Ah Kit.
2.48pm Mr Bonson to Dr Toyne.
2.51pm Mr Burke to Ms Martin.
2.55pm Mr McAdam to Mr Vatskalis.
2.57pm Mr Burke to Mr Stirling.
Papers tabled: The Leader of the Opposition (Mr Burke), by leave, laid on the Table the following Papers –
Legislative Council, Questions Without Notice, Thursday, 26th June 2003 – Question No. 1039 Hon Norman Moore to the Leader of the House representing the Premier (Paper 1041); and
Legislative Council, Questions Without Notice, Thursday, 26th June 2003 – Question No. 1040 Hon Norman Moore to the Leader of the House representing the Premier (Paper 1042).

3pm Mr McAdam to Dr Burns.
3.05pm Ms Carter to Mrs Aagaard.
3.06pm Ms Lawrie to Mr Henderson.
Paper tabled: The Minister for Business, Industry and Resource Development (Mr Henderson) laid on the Table the following Paper –
Birds of the Top End, Australia Web site, Mike Reed (Paper 1043).

3.12pm Mr Wood to Mr Henderson.
3.13pm Mr Burke to Mr Henderson.

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

9. QUORUM OF THE ASSEMBLY - STATEMENT:
The Speaker advised Members of the Assembly of Standing Order 39 relating to the calling of a Quorum of the Assembly and reiterated that it was the duty of all Members to ensure that a Quorum of the Assembly is maintained during Assembly sittings.

10. PERSONAL EXPLANATION -
The Member for Katherine (Mr Reed), pursuant to Standing Order 57, made a personal explanation relating to comments by the Minister for Business, Industry and Resource Development (Mr Henderson) during Questions this day relating to a business being conducted on the “Birds of the Top End, Australia Web site”.

11. CHARLES DARWIN UNIVERSITY BILL 2003 (Serial 169) and MENZIES SCHOOL OF HEALTH RESEARCH AMENDMENT BILL 2003 (Serial 170):
The Order of the Day having been read for resumption of debate on the question – That the Bills be now read a second time, suspended earlier this day –
Debate resumed.
Question – put and passed.
Bills read a second time.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Minister for Employment, Education and Training (Mr Stirling) the Bills were read a third time and passed to be proposed laws.

12. SWIMMING POOL FENCING AMENDMENT BILL 2003 (Serial 168):
The Order of the Day having been read for resumption of debate on the question – That the Bill be now read a second time –
Debate resumed.
Paper tabled: The Minister for Community Development (Mr Ah Kit) laid on the Table the following Paper –
Letter, Ms Sue Shearer, CEO REINT to Hon J Ah Kit, Minister for Community Development, re amendments to swimming pool legislation, dated 15th August 2003 (Paper 1044).

Debate continued.
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Suspension of sittings - Ringing of the Bells: At 4.39pm the Leader of Government Business (Mr Henderson) moved – That the Assembly stand adjourned until the ringing of the Bells.
Bells having been rung at 5.04pm, the Assembly resumed.
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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
Deputy Chairman – (Ms Lawrie)

Bill, by leave, taken as a whole.
The Member for Nelson (Mr Wood) moved the following amendment -
Insert after Clause 1 –

"1A. Interpretation
"Section 4 of the Swimming Pool Fencing Act is amended by omitting
from the definition of "small premises" in subsection (1) "2 hectares" and
substituting "1.8 hectares".".

Debate ensued.
Amendment agreed to.
The Member for Greatorex (Dr Lim) moved the following amendment -

Insert after Clause 2 –

3. New Part
The Swimming Pool Fencing Act is amended by inserting after Part 4 the following:
"part 4a – certificates of exemption
"40A. Prescribed event
"In this Part –
'prescribed event', in relation to premises, means –

(a) the compulsory acquisition under the Lands Acquisition Act of part of the land on which the premises are situated; or

(b) an event prescribed by the Regulations.

"40B. Application for certificate
"(1) If, as a result of a prescribed event, large premises at which an existing swimming pool or a new swimming pool is situated become small premises, the owner of the premises may apply for a certificate exempting the premises from compliance with all or any of the requirements of this Act relating to small premises.

"(2) An application under subsection (1) is to be made in the approved form and is to be accompanied by the gazetted fee, if any.

"40C. Issue of certificate
"(1) The Authority may issue a certificate of exemption in respect of premises to which an application under section 40B relates if satisfied that, in all the circumstances, it is appropriate to do so.

"(2) The certificate must specify the requirements of this Act from which the premises are exempt from complying.".

Question – That the amendment be agreed to – put and negatived.
Question – That the Bill be agreed to with an amendment – put and passed.
Bill to be reported with an amendment.
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The Assembly resumed; the Acting Deputy Speaker (Mr Kiely) resumed the Chair; and the Deputy Chairman (Ms Lawrie) reported that the Committee had considered the Bill and agreed to the same with an amendment.
On the motion of the Minister for Community Development (Mr Ah Kit) the Bill was read a third time and passed to be a proposed law.

13. NORTHERN TERRITORY AUDITOR-GENERAL’S OFFICE STRATEGIC REVIEW REPORT 2003 – REPORT TABLED – MOTION TO NOTE REPORT:
The Treasurer (Mr Stirling) laid on the Table the Northern Territory Auditor-General’s Office Strategic Review Report 2003 by Neil Jackman. (Paper 1045)
Mr Stirling made a statement relating thereto.
Mr Stirling moved – That the Assembly take note of the Report and that leave be granted to continue his remarks at a later hour.
Leave granted – Debate adjourned.

14. SESSIONAL COMMITTEE ON ENVIRONMENT AND SUSTAINABLE DEVELOPMENT – INTERIM REPORT ON ISSUE OF ENTRY OF CANE TOADS ENTRY INTO THE TERRITORY – REPORT TABLED - MOTION TO NOTE REPORT:
The Chairman of the Sessional Committee on Environment and Sustainable Development (Ms Lawrie) laid on the Table an Interim Report on Issues associated with the progressive entry of Cane Toads into the Northern Territory. (Paper 1046)
Ms Lawrie made a statement relating thereto.
Ms Lawrie moved – That the Assembly take note of the Report and that leave be granted to continue her remarks at a later hour.
Leave granted – Debate adjourned.

15. KIDNEY DISEASE IN THE TERRITORY – MINISTERIAL STATEMENT – STATEMENT NOTED:
The Minister for Health and Community Services (Mrs Aagaard) made a statement relating to the impact of renal health on the Territory community.
Mrs Aagaard moved – That the Assembly take note of the Statement.
Debate ensued.
Suspension of Standing Orders – Extension of time to complete speech: The Member for Karama (Ms Lawrie) moved – That so much of Standing Orders be suspended as would prevent the Member for Barkly (Mr McAdam) from completing his speech.
Question – put and passed there being an absolute majority of the whole number of Members being present and no dissentient voice.
The Member for Karama (Ms Lawrie) moved – That so much of Standing Orders be suspended as would prevent the Member for Millner (Mr Bonson) from completing his speech.
Question – put and passed there being an absolute majority of the whole number of Members being present and no dissentient voice.
Debate continued.
Question – put and passed.

16. NEXT MEETING:
The Treasurer (Mr Stirling) moved – That the Assembly adjourn at its rising until Tuesday 7th October 2003 at 10am or such other time and /or date as may be set by Madam Speaker, pursuant to Sessional Order.
Question – put and passed.

17. MATTER OF PRIVILEGE, APPARENT BREACH OF LEGISLATIVE ASSEMBLY (REGISTER OF MEMBERS’ INTEREST) ACT – MOTION NEGATIVED:
The Member for Goyder (Mr Maley), pursuant to notice, thereupon moved - That the following matter be referred to the Committee of Privileges, namely - Minister Kon Vatskalis’ apparent breach of Section 10 of the Legislative Assembly (Register of Members’ Interest ) Act for his failure to declare his interests in the business of personally providing a Greek translation service advertised on the Internet at www.translatorscafe.com.
Debate ensued.
The Treasurer (Mr Stirling) moved – That the question be now put.
Question – That the question be now put – put and passed.
Question – That the motion be agreed to – put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

AYES, 10 NOES, 14

Mr Baldwin Mrs Aagaard
Mr Burke Mr Ah Kit
Ms Carney Mr Bonson
Ms Carter Dr Burns
Mr Dunham Mr Henderson
Mr Elferink Mr Kiely
Dr Lim Ms Lawrie
Mr Maley Ms Martin
Mr Mills Mr McAdam
Mr Reed Ms Scrymgour
Mr Stirling
Dr Toyne
Mr Vatskalis
Mr Wood

Motion negatived accordingly.

18. ADJOURNMENT:
The Chief Minister (Ms Martin) moved – That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Minister for Business, Industry and Resource Development (Mr Henderson) laid on the Table the following Paper –
Defence Force Community Volunteer Awards, list (Paper 1048).

Debate continued.
Question – put and passed.
And the Assembly adjourned at 10.41pm on Thursday 21 August 2003 until Tuesday 7th October 2003 at 10am or such other day and/or time as may be set by Madam Speaker, pursuant to Sessional Order.

PAPERS:
There were no Papers deemed to have been presented on Thursday 21 August 2003.
ATTENDANCE
All Members attended the sittings.

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