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Minutes of Proceedings - 2010-08-19

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

    2. PRAYERS.

    3. VISITORS:
        The Speaker advised Members of the presence in the public galleries of Kormilda College Year 7 students accompanied by Mrs Roseanne Di Cesare and Mrs Julianne Cobb.
        On behalf of all Members the Speaker extended a warm welcome to the visitors.
    4. PENALTIES AMENDMENT (JUSTICE AND TREASURY LEGISLATION) BILL 2010 (Serial 124):
        The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act amend penalties in various Acts and subordinate legislation administered by the Minister for Justice and Attorney-General, Minister for Racing, Gaming and Licensing and Treasurer.
        Bill read a first time.
        Ms Lawrie moved – That the Bill be now read a second time.
        Debate ensued.
        Paper tabled: Ms Lawrie laid on the Table the following Paper –
    Explanatory Statement, Penalties Amendment (Justice and Treasury Legislation) Bill 2010 (Paper 958).

        On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
    5. YOUTH JUSTICE AMENDMENT BILL 2010 (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 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

        (Chair of Committees and Deputy Speaker – Ms Walker in the Chair)

        Clauses 1 and 2, by leave, taken together and agreed to.
        Clause 3 read.
        On the motion of the Minister for Child Protection (Mr Vatskalis) the following amendment was agreed to, after debate -

        After Clause 3(2) –
              insert

            (3) After section 5(2)
                  insert
            (2A) In this Act, a reference to the Youth Justice Court conducting a preliminary examination is taken to be a reference to a magistrate dealing with a charge by way of preliminary examination.

        Clause 3, as amended, agreed to.
        Clauses 4 and 5, by leave, taken together and agreed to.
        Clause 6 read.
        On the motion of Mr Vatskalis the following amendments, by leave, were taken together and agreed to, after debate -

        Clause 6, proposed section 56(1)(b) –
              omit, insert

            (b) if it declines – must give its reasons for declining; and
                (i) if dealing with the charge by way of preliminary examination – must continue by way of preliminary examination; and

                (ii) otherwise – must continue the proceedings as if the Court had been dealing with the charge by way of preliminary examination.

          Clause 6, proposed section 56(2) -
                omit, insert

              (2) For subsection (1), it is immaterial whether or not the youth:
                  (a) has consented under section 55(3) to the charge being heard and determined summarily; or

                  (b) has elected under section 56A(2) to have the charge heard and determined summarily.

          Clause 6, as amended, agreed to.
          Clauses 7 and 8, by leave, taken together and agreed to.
          Clause 9 read.
          On the motion of Mr Vatskalis the following amendment was agreed to, after debate -
          Clause 9, proposed section 224(5), definition exercise of jurisdiction -
              omit

              prescribed charge:

              insert

              declared charge:


          Clause 9, 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 (Mrs Aagaard) took the Chair; the Chair of Committees and Deputy Speaker (Ms Walker) reported that the Committee had agreed to the Bill, with amendments.
          Report adopted.
          On the motion of the Minister for Child Protection (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law.
      6. NORTHERN TERRITORY GOVERNMENT RESPONSE TO THE 2ND REPORT OF THE COUNCIL OF TERRITORY CO-OPERATION – PAPER TABLED – MOTION TO NOTE PAPER:
          The Order of the Day having been read for the resumption of debate, Dr Burns in continuation, on the question – That the Assembly take note of the Paper –
          Debate resumed.
          Extension of time: On the motion of the Member for Johnston (Dr Burns) the Member for Nelson (Mr Wood) was granted an extension of time, pursuant to Standing Order 77.
          Debate continued.
          Debate suspended.
          _________________

          Suspension of sittings: The sittings of the Assembly was suspended between 11.56am and 2pm.
          _________________
      7. QUESTIONS:
          2pm Mr Mills to Mr Henderson.
          2.03pm Mr Gunner to Mr Henderson.
          2.06pm Mr Mills to Mr Henderson.
          2.09pm Ms Scrymgour to Ms Lawrie.
          2.13pm Mr Mills to Mr Henderson.
          2.16pm Ms Anderson to Mr Henderson.
          2.18pm Ms Walker to Mr Knight.
          2.20pm Mr Mills to Mr Henderson.
          2.23pm Mr Gunner to Mr Hampton.
          2.26pm Ms Anderson to Mr Vatskalis.
          2.27pm Mr Mills to Mr Henderson.
          2.31pm Ms Scrymgour to Mr Vatskalis.
          2.34pm Mr Tollner to Mr Henderson.
          2.37pm Mr Wood to Mr Hampton.
          2.40pm Ms Walker to Mr McCarthy.
          2.44pm Mr Conlan to Mr Henderson referred to Mr Vatskalis.
          2.46pm Mr Gunner to Mr Hampton.
          2.48pm Mr Conlan to Mr Vatskalis.
          2.51pm Ms Scrymgour to Ms McCarthy.
          2.53pm Mr Wood to Mr McCarthy.
          2.55pm Mr Conlan to Mr Vatskalis.
          2.59pm Ms Walker to Mr Hampton.
          _________________

          Answer to Question: The Minister for Health (Mr Vatskalis) provided further information to a question asked earlier this day from Ms Anderson.
          _________________

          The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
      8. NORTHERN TERRITORY GOVERNMENT RESPONSE TO THE 2ND REPORT OF THE COUNCIL OF TERRITORY CO-OPERATION – PAPER TABLED – PAPER NOTED:
          The Order of the Day having been read for the resumption of debate, suspended earlier this day – Dr Burns in continuation 17 Minutes, on the question – That the Assembly take note of the Paper –
          Debate resumed.
          Extension of time: On the motion of the Chief Minister (Mr Henderson) the Member for Johnston (Dr Burns) was granted an extension of time, pursuant to Standing Order 77.
          Debate continued.
          Question – put and passed.
      9. TAKING ADVANTAGE OF OUR GAS INDUSTRY – A MARINE SUPPLY BASE – MOTION TO NOTE STATEMENT:
          The Chief Minister (Mr Henderson) made a statement relating to a Marine Supply Base for the Territory industrial expansion.
          Mr Henderson moved – That the Assembly take note of the Statement.
          Debate ensued.
          On the motion of the Leader of Government Business (Dr Burns) debate was adjourned.
      10. MATTER OF PUBLIC IMPORTANCE – LITTLE MINDIL:
          The Speaker advised the Assembly the Member for Port Darwin (Mr Elferink) had proposed the following definite Matter of Public Importance for discussion this day:
              The transition of public land to private land at Little Mindil.
          The proposed discussion having been received the necessary support –
          Discussion ensued.
          Paper tabled: Mr Elferink, by leave, laid on the Table the following Paper –
      Map, Little Mindil, created 19 August 2010 (Paper 962).

          Debate continued.
          Paper tabled: Mr McCarthy laid on the Table the following Paper –
      Little Mindil, photographs of grounds and recreation area (Paper 963).

          Discussion continued.
          Discussion concluded.

      11. ADJOURNMENT:
          The Minister for Justice and Attorney-General (Ms Lawrie) moved – That the Assembly do now adjourn.
          Debate ensued.
          Paper tabled: Dr Burns laid on the Table the following Paper –
      Parliamentary “Love Note” from Ms Carney to Dr Burns (Paper 964).

          Debate continued.
          Question - put and passed.
          And the Assembly adjourned at 6.44pm until Tuesday 19 October 2010 at 10am or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
          ________________

          PAPERS:
          The following Papers were deemed to have been presented on Thursday 19 August 2010 –
            Financial Management Act
            Authorisation, Issue of Increased Funds available from Commonwealth, Pursuant to section 19A(2), dated 25 June 2010 (Paper 959)
            Direction, Transfer of Excess Appropriations, Pursuant to section 20(1), dated 25 June 2010 (Paper 960)

            Utilities Commission
            Review of Options for Implementation of a Customer Service Incentive Scheme for Electricity Customers, Final Report – Utilities Commission, July 2010 (Paper 961)
            ________________

            ATTENDANCE:
            All Members attended the sittings except Mr Bohlin, on leave.

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