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Minutes of Proceedings - 2011-08-11

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 gallery of Wagaman Primary School Year 2/3 students accompanied by Mrs Lisa McLean.
      On behalf of all Members the Speaker extended a warm welcome to the visitors.

4. BUSINESS NAMES (NATIONAL UNIFORM LEGISLATION) REQUEST BILL 2011 (Serial 170):
      The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to request the Parliament of the Commonwealth to enact legislation relating to the registration and use of business names.
      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, Business Names (National Uniform Legislation) Request Bill 2011 (Paper 1436).

      On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.

5. PENALTIES AMENDMENT (CHILDREN AND FAMILIES, HEALTH AND PRIMARY INDUSTRY, FISHERIES AND RESOURCES) BILL 2011 (Serial 149):
      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 Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
6. PENALTIES AMENDMENT (CHIEF MINISTER’S AND OTHER PORTFOLIOS) BILL 2010 (Serial 138):
      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

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

      Bill, by leave, taken as a whole.

      On the motion of Ms Lawrie, the following amendment was agreed to –
      Add at the end “, and for other purposes”.
      Amendment agreed to.
      Long Title, as amended, agreed to.

      On the motion of Ms Lawrie, the following amendments were agreed to, after debate –
        Schedule 1, entries for Legislative Assembly (Powers and Privileges) Act, section 25(5)(a) and (b)

        omit, insert

        section 25(1)all words after "a person"for an offence against the Assembly (determined by the Assembly to have been committed by the person) a penalty of imprisonment that may be imposed under section 7(1) of the Parliamentary Privileges Act 1987 (Cth).
        section 25(1), at the endNote for subsection (1)

        The power of the Assembly is linked to the Parliamentary Privileges Act 1987 (Cth) because of section 12 of the Northern Territory (Self-Government) Act 1978 (Cth).

        section 25(5)all words after "a person"for an offence against the Assembly, (determined by the Assembly to have been committed by the person) a fine that may be imposed under section 7(5) of the Parliamentary Privileges Act 1987 (Cth).
        section 25(5), at the endNote for subsection (5)

        The power of the Assembly is linked to the Parliamentary Privileges Act 1987 (Cth) because of section 12 of the Northern Territory (Self-Government) Act 1978 (Cth).

      Debate ensued.
      Amendments agreed to.
      Paper tabled: Ms Lawrie laid on the Table the following Paper –
Legal Advice – In the Matter of the Penalties Amendment (Chief Minister’s and Other Portfolios) Bill and Section 12 of the Northern Territory (Self-Government) Act 1978 - Michael Grant QC, 18 May 2011 (Paper 1437).
      Schedule 1, as amended, agreed to.
      Bill, as amended, agreed to.
      Bill to be reported with amendments.
      _________________

      The Assembly resumed; the Speaker took the Chair; and the Deputy Speaker and Chair of Committees (Ms Walker) reported that the Committee had agreed to the Bill with amendments. Report adopted.
      On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
7. CENTURY OF NORTH AUSTRALIA – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
      The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Statement –
      Debate resumed.
      Extension of time: On the motion of the Member for Fannie Bay (Mr Gunner) the Member for Johnston (Dr Burns) was granted an extension of time, pursuant to Standing Order 77.

      Debate continued.
      Extension of time: On the motion of the Member for Greatorex (Mr Conlan) the Member for Araluen (Mrs Lambley) was granted an extension of time, pursuant to Standing Order 77.

      Debate continued.
      Visitors: The Speaker advised Members of the presence in the public gallery of Wagaman Primary School Year 2/3 students accompanied by Mrs Chadbourne and Mrs Putica.
      On behalf of all Members the Speaker extended a warm welcome to the visitors.

      Debate continued.
      Extension of time: On the motion of the Member for Johnston (Dr Burns) the Member for Barkly (Mr McCarthy) was granted an extension of time, pursuant to Standing Order 77.

      Debate continued.
      Debate suspended.
___________________
      Suspension of sittings: The sittings of the Assembly were suspended between 11.57am and 2pm.
___________________

8. NOTICES:
      The following Notices were given:

      Mr Wood: To move – The Northern Territory Parliament notes –
              (a) the alarming number of youth suicides in the Northern Territory; and

              (b) all 25 Members of this Parliament show true leadership in working to consider solutions to achieve a significant reduction in these numbers.

      Ms Purick: To move - The NT Government provide a comprehensive
              summary of the impact of live export ban of cattle from the Northern Territory on the agricultural and transport industries of the Northern Territory with particular reference to the following areas of business and occupation:
              (a) hay and fodder production;
              (b) road transport;
              (c) helicopter and heli mustering;
              (d) veterinary services;
              (e) management of export yards and holding depots; and
              (f) loss of employment in all areas of the agricultural industries.

      Ms Lawrie: To present the Evidence (National Uniform Legislation) Bill 2011 (Serial 172).

      Mr Elferink: To present the Dangerous Prisoners (Sexual Offenders) Bill 2011 (Serial 168).

      Mr Elferink: To present the Criminal Code (Unlawful Assault Causing Death) Amendment Bill 2011 (Serial 171).
9. QUESTIONS:
      2.03pm Mr Mills to Mr Henderson.
      2.07pm Ms Scrymgour to Mr Hampton.
      2.11pm Mr Conlan to Mr Vatskalis.
      2.14pm Ms Walker to Mr Henderson.
      2.17pm Mr Conlan to Mr Vatskalis.
      2.20pm Mr Wood to Mr Knight.
      2.24pm Mr Gunner to Ms Lawrie.
      2.28pm Mr Mills to Mr Henderson.
      2.31pm Ms Scrymgour to Dr Burns.
      2.34pm Ms Anderson to Mr Hampton.
      2.37pm Mr Tollner to Mr Henderson.
      Paper tabled: Mr Henderson laid on the Table the following Paper –
Memo – Deloitte, re Emission intensity of electricity generation to Shane Brittle, dated 5 August 2011, by Deb Chattopadhyay (Paper 1438).

      2.41pm Ms Walker to Mr Vatskalis.
      2.44pm Mr Tollner to Mr Henderson.
      2.49pm Mr Wood to Mr G. McCarthy.
      2.51pm Ms Scrymgour to Mr G. McCarthy.
      2.54pm Mr Tollner to Mr Henderson.
      2.58pm Mr Gunner to Mr Henderson.

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

10. PAIRS:
      The Speaker laid on the Table the following Pair arrangements for Thursday 11 August –
Member for Barkly (Mr McCarthy) and the Member for Macdonnell (Ms Anderson) for the period 6pm to 8pm, 11 August 2011 (Paper 1439).

11. CENTURY OF NORTH AUSTRALIA – 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.
      Extension of time: On the motion of the Member for Sanderson (Mr Styles) the Member for Drysdale (Mr Bohlin) was granted an extension of time, pursuant to Standing Order 77.

      Debate continued.
      Quorum: The Member for Braitling (Mr Giles) drew the attention of the Speaker to the state of the Assembly – lack of a quorum.
      And the Bells having been rung and a quorum having been obtained –
      Debate continued.

      Extension of time: On the motion of the Member for Goyder (Ms Purick) the Member for Sanderson (Mr Styles) was granted an extension of time, pursuant to Standing Order 77.

      Debate continued.
      Extension of time: On the motion of the Member for Arafura (Ms Scrymgour) the Member for Nhulunbuy (Ms Walker) was granted an extension of time, pursuant to Standing Order 77.
      Paper tabled: The Member for Nhulunbuy (Ms Walker), by leave, laid on the Table the following Paper –
Photograph, Shepherdson College, Galliwinku January 2011 – built under the BER Project, multi-purpose hall (Paper 1446); and
Mapuru, 29 May 2011 (Paper 1447).

      Debate continued.
      Closure: The Member for Braitling (Mr Giles) moved – That the question be now put.
      Question - That the question be now put - put.
      The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

      AYES, 10 NOES, 11

      Mr Bohlin Mrs Aagaard
      Mrs Lambley Dr Burns
      Mr Conlan Mr Gunner
      Mr Elferink Mr Hampton
      Mr Giles Mr Knight
      Mr Mills Ms Lawrie
      Ms Purick Ms McCarthy
      Mr Styles Mr McCarthy
      Mr Tollner Ms Scrymgour
      Mr Westra van Holthe Mr Vatskalis
      Ms Walker

      Tellers: Mr Elferink and Mr Gunner

      Pairs: Mr Chandler and Mr Henderson were paired for this Division, tabled on 10 August 2011.

      Motion negatived accordingly.

      Debate resumed - Mr Giles, by leave, of the Speaker continued his speech.
      Gag: The Member for Greatorex (Mr Conlan) moved – That the Member for Arafura (Ms Scrymgour) be no longer heard.
      Question – put and negatived.

      Debate resumed.
      Question – put and passed.
12. AUTHORISATION TO PUBLISH REPORT OF THE CHILDREN’S COMMISSIONER REGARDING FUNCTIONS REFERRED TO IN THE OMBUDSMAN’S REPORT “A LIFE LONG SHADOW – PAPER TABLED:
      The Speaker laid on the Table a letter from Mr Howard Bath, Children’s Commissioner to the Speaker requesting –
Authority To Publish A Report Pursuant To Section 278(2) of the Care And Protection Act Regarding Functions Referred To In The Ombudsman’s Report ‘A Life Long Shadow’ (Paper 1448).

      The Speaker, pursuant to Section 278(2) of the Care and Protection of Children’s Act authorise the publication of the Report of the Children’s Commissioner regarding Functions Referred to in the Ombudsman’s Report “A Life Long Shadow”.

      The Minister for Children and Families (Mr Vatskalis) laid on the Table –
Report of the Children’s Commissioner regarding functions referred to in the Ombudsman’s Report “A Life Long Shadow” (Paper 1449).

      Pairs: The Speaker laid on the Table the following Pair arrangement for 11 August 2011 as follows –
Member for Nightcliff (Mrs Aagaard) and the Member for Fong Lim (Mr Tollner) for the period 6pm to close of business today, 11 August 2011 (Paper 1450).
    13. CENTRAL AUSTRALIAN DEVELOPMENT – STATEMENT NOTED:
        The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Statement -
        Debate resumed.
        Extension of time: On the motion of the Member for Port Darwin (Mr Elferink) the Member for Araluen (Ms Lambley) was granted an extension of time, pursuant to Standing Order 77.
        Debate continued.
        Extension of time: On the motion of the Member for Daly (Mr Knight) the Member for Johnston (Dr Burns) was granted an extension of time, pursuant to Standing Order 77.
        Debate continued.
        Extension of time: On the motion of the Member for Katherine (Mr Westra van Holthe) the Member for Casuarina (Mr Vatskalis) was granted an extension of time, pursuant to Standing Order 77.

        Debate continued.
        Question – put and passed.

    14. MATTER OF PUBLIC IMPORTANCE – TOURISM FUTURE:
        The Speaker advised the Assembly the Member for Katherine (Mr Westra van Holthe) had proposed the following definite Matter of Public Importance for discussion this day:
            The current delicate situation surrounding Tourism in the Northern Territory and the future of the industry.

        The proposed discussion having received the necessary support –
        Discussion ensued.
        Discussion concluded.

    15. ADJOURNMENT, Automatic:
        The Deputy Speaker (Ms Walker), pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.
        Debate ensued.
        Paper tabled: The Member for Port Darwin (Mr Elferink), by leave, laid on the Table the following Paper –
    Family Violence and Sexual Assault Services Output 1.5 – MensLine Australia (Paper 1451).

        Debate continued.
        Question - put and passed.
        The Assembly adjourned at 9.53pm until Tuesday 16 August 2011 at 10am.
    ______________________

    PAPERS:
    The following Papers were deemed to have been presented on 11 August 2011 –

    Annual Reports
    Charles Darwin University, 31 December 2010 (Paper 1444)
    Charles Darwin University Financial Statements, 31 December 2010 (Paper 1445)

    Joint Management Plan
    Judbarra/Gregory National Park and Gregory’s Tree Historical Reserve, June 2011 (Paper 1442)
    Giwining/ Flora River Nature Park, 20 June 2011 (Paper 1443)

    Electoral Act
    2011 Redistribution of Northern Territory Legislative Assembly Electoral Boundaries (Section 148-149 of the Electoral Act 2004), Report and Maps on the Redistribution of the Northern Territory into Divisions (Paper 1440)
    2011 Redistribution of Northern Territory Legislative Assembly Electoral Boundaries (Section 148 of the Electoral Act 2004), Volume 2 Report on the Redistribution of Divisions Supporting Documentation (Paper 1441)
    _________________
        ATTENDANCE:
        All Members attended the sittings.



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