Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2003-11-26

    1. MEETING:
    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 galleries of students from the Certificate II in Family and Community Services at Nungalinya College accompanied by Ms Amanda Donohoe.
        On behalf of all Members the Speaker extended a warm welcome to the visitors.
    4. PETITIONS:
        The Member for Port Darwin (Ms Carter) presented a petition from 597 petitioners requesting that the Great Southern Railway Company rename the Steve Irwin locomotive. (Paper 1152)
        Petition read.

        The Member for Stuart (Dr Toyne), by leave, presented a petition, not conforming with Standing Orders, from 760 petitioners requesting the Assembly remove the “Gender Law Reform Bill” from the Assembly legislative agenda. (Paper 1153)
        Petition read.

        Responses to petitions: The Clerk, pursuant to Standing Order 100A, advised Members of the receipt of responses to petitions Nos. 39, 40 and 41 and that the terms of the responses would be incorporated in the Hansard record. (Paper 1151)

    5. MINISTERIAL REPORTS:
        AustralAsia Railway update, handover: The Chief Minister (Ms Martin) reported on the completion of track facilities and handover from ADrail to Freight Link with certificates of completion being issued on 31 October 2003 at a ceremony in the Darwin Port.
        Mr Mills responded thereto.
        Ms Martin responded accordingly.

        Racing Industry, product fees: The Minister for Racing, Gaming and Licensing (Mr Stirling) reported on matters discussed at a recent conference of Australian state Ministers for Racing conducted in Sydney relating to a proposal to introduce product fees for bookmakers and the establishment of betting exchanges.
        Mr Mills responded thereto.
        Mr Stirling responded accordingly.

        Darwin Harbour Regional Plan of Management: The Minister for Lands and Planning (Mr Vatskalis) reported on the completion of a plan of management for Darwin Harbour.
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        Distinguished visitor: The Speaker advised members of the presence in the Speaker’s Gallery of Mr John Bailey a former Member of the Legislative Assembly and Chairman of the Darwin Harbour Advisory Committee.
        On behalf of all Members the Speaker extended a warm welcome to the distinguished visitor.
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        Mr Maley responded thereto.
        Mr Wood responded thereto.
        Mr Vatskalis responded accordingly.

        Quarantine and export inspection powers: The Minister for Primary Industry and Fisheries (Dr Burns) reported on the transfer of quarantine and export inspection powers which were managed by the Territory to the Commonwealth Government AQIS.
        Mr Baldwin responded thereto.

        Ministerial Reports noted, pursuant to Sessional Orders.

    6. INTERPRETATION AMENDMENT BILL 2003 (Serial 190):
        The Member for Nelson (Mr Wood) moved – That consideration of the notice for the introduction of the Bill be postponed until a later hour.
        Question – put and passed.

    7. LIQUOR AMENDMENT BILL (No. 3) 2003 (Serial 189):
        The Member for Braitling (Mrs Braham), pursuant to notice, presented a Bill for an Act to amend the Liquor Act.
        Bill read a first time.
        Mrs Braham moved – That the Bill be now read a second time.
        Debate ensued.
        Paper tabled: The Member for Braitling (Mrs Braham), by leave, laid on the Table the following Paper –
    Northern Territory Licensing Commission, Statement of Reasons for Decision – Outback Bar and Grill
    (Paper 1154).

        Debate continued.
        On the motion of the Minister for Business, Industry and Resource Development (Mr Henderson) debate was adjourned.

    8. LEGISLATIVE ASSEMBLY MEMBERS (RANDOM DRUG TESTING) BILL 2003 (Serial 199):
        The Member for Drysdale (Mr Dunham), pursuant to notice, presented a Bill for an Act to provide for the random drug testing of Members of the Legislative Assembly and for related purposes.
        Bill read a first time.
        Mr Dunham moved – That the Bill be now read a second time.
        Debate ensued.
        On the motion of the Minister for Business, Industry and Resource Development (Mr Henderson) debate was adjourned.

    9. TRAFFIC AMENDMENT BILL 2003 (Serial 124):
        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.
        The Member for Nelson (Mr Wood) moved – That consideration of the Bill be postponed until the next General Business Day.
        Question – put and passed.
    10. SENTENCING AMENDMENT BILL 2003 (Serial 126):
        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 -
        The Member for Braitling (Mr Braham) moved – That consideration of the Bill be postponed until the next General Business Day.
        Question – put and passed.
    11. CONTAINER DEPOSIT BILL 2003 (Serial 131):
        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 12.15pm and 2.15pm.
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    12. NOTICES:
        The following notice was given –
        Ms Martin: To move - That so much of the Standing Orders be suspended as would prevent Bills entitled, Electoral Bill 2003 (Serial 195) and Electoral (Consequential Amendments) Bill 2003 (Serial 196) -
                (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. DISTINGUISHED VISITORS:
        The Speaker advised Members of the presence in the Speaker’s Gallery of participants in the 5th Parliamentary Retreat in Darwin.
        On behalf of all Members the Speaker extended a warm welcome to the participants.
    14. QUESTIONS:
        2.15pm Mr Mills to Ms Martin.
        2.18pm Mr Bonson to Mr Stirling.
        2.21pm Mr Mills to Ms Martin.
        2.25pm Mr Kiely to Dr Burns.
        2.28pm Mr Elferink to Ms Martin.
        2.31pm Ms Scrymgour to Mr Ah Kit.
        2.34pm Mr Mills to Ms Martin.
        2.38pm Mr Wood to Mr Henderson.
        2.41pm Mr McAdam to Mr Henderson.
        2.47pm Mr Mills to Ms Martin.
        2.53pm Ms Scrymgour to Mr Ah Kit.
        2.59pm Mr Mills to Ms Martin.
        3.03pm Ms Lawrie to Mr Stirling.
        3.07pm Mrs Miller to Dr Burns.
        3.09pm Mr Wood to Dr Burns.
        3.11pm Dr Lim to Mr Stirling.
        3.12pm Mr McAdam to Mr Ah Kit.
        Paper tabled: The Minister for Community Development (Mr Ah Kit) laid on the Table the following Paper –
    Anmatjere Regional Development Plan (Paper 1155).

        The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
    15. CONTAINER DEPOSIT BILL 2003 (Serial 131) - NEGATIVED:
        The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Bill be now read a second time -
        Debate resumed.
        Question - That the motion be agreed to - put.
        The Assembly divided (the Deputy Chairman, Mr Kiely, in the Chair) -

        AYES, 2 NOES, 19

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

        Motion negatived accordingly.
        Bill negatived accordingly.
    16. BAIL AMENDMENT BILL 2003 (Serial 135) - NEGATIVED:
        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 negatived.
    17. MOTOR VEHICLES AMENDMENT BILL 2003 (Serial 171) - NEGATIVED:
        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.
        The Assembly divided (the Deputy Chairman, Mr Kiely, in the Chair) -

        AYES, 11 NOES, 13

        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
        Mrs Miller Mr McAdam
        Mr Mills Ms Scrymgour
        Mr Wood Mr Stirling
        Dr Toyne
        Mr Vatskalis

        Motion negatived accordingly.
        Bill negatived accordingly.
    18. CRIMINAL CODE AMENDMENT BILL (No. 3) 2003 (Serial 173):
        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 -
        On the motion of the Member for Goyder (Mr Maley) debate was adjourned.

    19. LIQUOR AMENDMENT BILL 2003 (Serial 172) - NEGATIVED:
        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 negatived.

    20. CRIMINAL CODE AMENDMENT BILL (No. 2) 2003 (Serial 165) and SENTENCING AMENDMENT BILL (No. 2) 2003 (Serial 166) - NEGATIVED:
        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.
        Question put and negatived.
    21. ORDER OF BUSINESS:
        The Leader of Government Business (Mr Henderson) moved – That consideration of Government Business, Notices Nos 5, 6, 9 and 10 relating to the Food Bill, the Health Practitioners Bill and Electoral legislation be postponed until Thursday 27 November 2003.
        Question – put and passed.
    22. ORDER OF BUSINESS:
        The Leader of Government Business (Mr Henderson) moved – That Government Business, Notice No. 3 relating to the Mining Amendment Bill 2003 (Serial 191) be called on forthwith.
        Question – put and passed.
    23. MINING AMENDMENT BILL 2003 (Serial 191):
        The Minister for Business, Industry and Resource Development (Mr Henderson), pursuant to notice, presented a Bill for an Act to amend the Mining 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 Drysdale (Mr Dunham) debate was adjourned.
    24. LIQUOR AMENDMENT BILL (No. 4) 2003 (Serial 193):
        The Minister for Racing, Gaming and Licensing (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend the Liquor Act.
        Bill read a first time.
        Mr Stirling moved – That the Bill be now read a second time.
        Debate ensued.
        On the motion of the Leader of the Opposition (Mr Mills) debate was adjourned.
    25. STATUTE LAW REVISION BILL (No. 2) 2003 (Serial 192):
        The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend various Territory laws in minor respects consequential on the enactment of the Associations Act 2003, the Business Tenancies (Fair Dealings) Act 2003 and Part IIA of 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 Port Darwin (Ms Carter) debate was adjourned.
    26. FIREARMS AMENDMENT BILL (No. 2) 2003 (Serial 194):
        The Minister for Police, Fire and Emergency Services (Mr Henderson), pursuant to notice, presented a Bill for an Act to amend the Firearms Act and for related purposes.
        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 MacDonnell (Mr Elferink) debate was adjourned.

    27. TRAFFIC AMENDMENT BILL (No. 3) 2003 (Serial 200):
        The Minister for Transport and infrastructure (Mr Vatskalis), pursuant to notice, presented a Bill for an Act to amend the Traffic Act and for related purposes.
        Bill read a first time.
        Mr Vatskalis moved – That the Bill be now read a second time.
        Debate ensued.
        On the motion of the Member for Greatorex (Dr Lim) debate was adjourned.
    28. NATIONAL ENVIRONMENT PROTECTION COUNCIL (NORTHERN TERRITORY) AMENDMENT BILL 2003 (Serial 198):
        The Minister for the Environment and Heritage (Dr Burns), pursuant to notice, presented a Bill for an Act to amend the National Environment Protection Council (Northern Territory) 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 Daly (Mr Baldwin) debate was adjourned.
    29. REMUNERATION TRIBUNAL REPORT AND DETERMINATION No. 1 OF 2003 – REPORT TABLED – MOTION TO NOTE REPORT:
        The Chief Minister (Ms Martin) laid on the Table the Remuneration Tribunal Report and Determination No. 1 of 2003 (Paper 1156).
        Ms Martin made a statement relating thereto.
        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.
    30. PARKS AND RESERVES (FRAMEWORK FOR THE FUTURE) BILL 2003 (Serial 180):
        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.
        Th Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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        In Committee
        (Chairman – Mr Wood)

        Clauses 1 to 7, by leave, taken together and agreed to.
        Clause 8 read.
        Debate ensued.
        Clause 8, as printed, agreed to.
        Clause 9 read.
        Debate ensued.
        Clause 9, as printed, agreed to.
        Clause 10 agreed to.
        Clause 11 read.
        Debate ensued.
        Clause 11, as printed, agreed to.
        Clauses 12 to 17, by leave, taken together and agreed to.
        Schedule 1 read.
        On the motion of the Chief Minister (Ms Martin) the following amendment was agreed to, after debate.
        Omit the word “Elery” and insert in its stead “Ellery”.
        Schedule 1, as amended, agreed to.

        Schedule 2 read.
        On the motion of Ms Martin the following amendment was agreed to, after debate.
        Omit the words “and the adjacent Spirit Hills Pastoral Lease”.

        On the motion of Ms Martin the following further amendment was agreed to, after debate.
        Omit the words “Limmen National Park (proposed)”.
        Schedule 2, as amended, agreed to.

        Remainder of the Bill, by leave, taken as a whole and agreed to.
        Bill to be reported with amendments.
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        The Assembly resumed, the Speaker (Mrs Braham) resumed the Chair, the Chairman (Mr Wood) reported accordingly and the report was adopted.
        The Chief Minister (Ms Martin) 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 proposes law.
    31. ADJOURNMENT:
        The Minister for Racing, Gaming and Licensing (Mr Stirling) moved – That the Assembly do now adjourn.
        Debate ensued.
        Question – put and passed.
        And the Assembly adjourned at 00.40am Thursday 27 November 2003 until 10am this day.
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        PAPERS:
        The following Papers were deemed to be presented on Wednesday 26 November 2003 –

        Annual Reports:
        Northern Territory Department of Infrastructure, Planning and Environment, 2002/2003 (Paper 1149)
        Northern Territory Road Safety Council, 2002/2003 (Paper 1148)

        Plan of Management:
        Darwin Harbour Regional Plan of Management, November 2003 (Paper 1150)
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        ATTENDANCE:
        All Members attended the sitting.
Last updated: 04 Aug 2016