Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2006-02-14

1. MEETING:
      The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 1 December 2005. The Speaker, the Honourable J. L. Aagaard, took the Chair.

2. PRAYERS.

3. DISTINGUISHED VISITOR:
      The Speaker advised Members of the presence in the Speaker's Gallery of Lord Faulkner of Worcester, Member of the House of Lords.
      On behalf of all Members the Speaker extended a warm welcome to the distinguished visitor.

4. VISITORS - CHINESE NEW YEAR CELEBRATIONS:
      The Speaker advised Members of the presence in the Speaker's Gallery of Chinese Community members to witness the performance of Chung Wah Chinese Lions performing in the Chamber celebration of Chinese New Year; Mr Jason Lee, Mr Charlie Carter, Mr Tony and Onna Jape, Alderman Dorothy Fox, Mr Ray and Jade Chin - of course, Mr Chin is a former Clerk of the Legislative Assembly - Mr Austin and Melanie Chin, Mr Austin Snr and Ginni Chin, Mr Henry Yap and Mr Pedro Yap.
      On behalf of all Members the Speaker extended a warm welcome to the visitors.
5. DISTINGUISHED VISITOR:
      The Speaker advised Members of the presence in the Speaker's Gallery of Ms Dawn Lawrie, former member for Nightcliff of the Legislative Assembly.
      On behalf of all Members the Speaker extended a warm welcome to the distinguished visitor.
6. VISITORS:
      The Speaker advised Members of the presence in the public galleries of students from Anula Primary School, intensive English Class, accompanied by Ms Rosita Kandiah and Ms Judy Evans.
      On behalf of all Members the Speaker extended a warm welcome to the visitors.
7. MESSAGE FROM THE ADMINISTRATOR:
      The Speaker laid on the Table the following message from the Administrator -
      Message No. 7
      Assent to Proposed Laws

      I, EDWARD JOSEPH EGAN, AO the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:
        13 December 2005
            Community Justice Centre Act (No. 40 of 2005)
            Housing Amendment Act (No. 2) 2005 (No. 41 of 2005)
          14 December 2005
              Northern Territory Aboriginal Sacred Sites Amendment Act (No. 42 of 2005)
              Petroleum (Submerged Lands) Amendment Act 2005 (No. 43 of 2005)
              Statute Law Revision Act 2005 (No. 44 of 2005)
              Strehlow Research Centre Act 2005 (No. 45 of 2005)
              Territory Insurance Office Amendment Act (No. 46 of 2005)
              Veterinarians Amendment (Fees and Penalties) Act 2005 (No. 47 of 2005)
              Weapons Control Amendment Act 2005 (No. 48 of 2005)

          Dated 2nd February 2006.
          E J Egan AO
          Administrator (Paper 340)

      8. PETITIONS:
          The Member for Johnston (Dr Burns) presented petition No. 11, not conforming with Standing Orders, from 54 petitioners requesting a late bus service for the Mindil Beach Markets on Thursday nights (Paper 342).
          Petition read.

          The Member for Blain (Mr Mills) presented a petition No. 13, not conforming with Standing Orders, from 5955 petitioners relating to the proposed sale of the Territory Insurance Office (Paper 343).
          Petition read.

          The Member for Nelson (Mr Wood) presented petition No. 14 from 9167 petitioners relating to the proposed sale of the Territory Insurance Office (Paper 344).
          Petition read.

          The Member for Daly (Mr Knight) presented petition No. 12 from 135 petitioners requesting the damaged windmill at Dunheved Road, Dundee Beach be replaced (Paper 345).
          Petition read.
      9. WARRANT - DEPUTY CHAIRMEN OF COMMITTEES - APPOINTMENT:
          The Speaker laid on the Table her Warrant for the appointment of Deputy Chairmen of Committees as follows:
          W A R R A N T

          Pursuant to the provisions of Standing Order 12, I hereby revoke all previous warrants nominating Members to act as Deputy Chairmen of Committees and nominate the following Members to act as Deputy Chairmen of Committees: Mr James Burke, Mr Chris Natt, Ms Kerry Sacilotto, Mr Ted Warren Mr Rob Knight Mr Gerry Wood and Mr Matthew Bonson, when requested so to do by the Chairman of Committees.

          Given under my hand this 14th day of February 2006.

          Sgd. Jane Aagaard
          Speaker
          (Paper 341)

      10. MINISTERIAL REPORTS:
          Chinese Community Achievements: The Minister for Multicultural Affairs (Mr Vatskalis) reported on the contribution that the Chinese Community had made to Territory development and its cultural diversity.
          Dr Lim responded.
          Mr Vatskalis responded.

          Eni Gas Deal, Supplies for Territory Electricity Generation: The Chief Minister (Ms Martin) reported on the signing of a gas deal with Eni Australia to supply gas from the Blacktip gas field which will provide for Territory electricity generation until 2034.
          Ms Carney responded.
          Ms Martin responded.

          Howard Springs Nature Park, Water Quality: The Minister for Parks and Wildlife (Ms Scrymgour) reported on the works carried out at the Howard Springs Nature Park reserve to rectify water quality problems.
          Mr Wood responded.
          Mrs Miller responded.
          Ms Scrymgour noted.

          Ministerial Reports noted.

      11. COMMERCIAL PASSENGER VEHICLES LEGISLATION AMENDMENT BILL 2006 (Serial 32):
          The Minister for Infrastructure and Transport (Dr Burns) sought leave to present the Bill forthwith.
          Debate ensued.
          Leave denied: A dissentient voice being raised - leave denied.
          Suspension of Standing Orders: The Minister for Infrastructure and Transport (Dr Burns) moved - That so much of Standing Orders be suspended as would prevent a Bill relating to commercial passenger legislation being presented forthwith.
          Question - put and passed - There being an absolute majority of the whole number of Members present and no dissentient voice.
          Dr Burns thereupon presented a Bill for an Act to amend legislation relating to commercial passenger vehicles.
          Bill read a first time.
          Dr Burns moved - That the Bill be now read a second time -
          Debate ensued.
          Paper tabled: Dr Burns laid on the Table the following Paper -
      Explanatory Statement, Commercial Passenger Vehicles Legislation Amendment Bill 2006 (Serial 32) (Paper 346).
          On the motion of the Member for Katherine (Mrs Miller) debate was adjourned.

      12. NORTHERN TERRITORY TOURIST COMMISSION AMENDMENT BILL 2005 (Serial 30):
          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 11.59am and 2.10pm.
          _____________

      13. STATEMENT BY SPEAKER BROADCAST OF PROCEEDINGS OF THE ASSEMBLY AT QUESTION TIME:
          The Speaker advised members of an increased accessibility to the proceedings of the Territory Parliament. The entire proceedings of the Legislative Assembly are now available live on the Internet. This is a new initiative of the Legislative Assembly.

          Radio broadcasters are currently experiencing some difficulties broadcasting Parliamentary Question Time into Central Australia. This situation has arisen because of the lapse of the agreement between 8 TOP FM in Darwin and 8CCC in Alice Springs. 8 TOP FM is currently negotiating a new agreement with Roots FM to recommence the broadcast to Alice Springs and I am assured this will happen as soon as technically possible.

          In the meantime members can hear parliament via the internet through the NT Government website which is at www.nt.gov.au. 8 TOP FM also provide a web cast and Ipod facilities for the broadcast of question time.
      14. NOTICES:
          The following notices were given:
          Ms Martin: To present the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Bill 2006 (Serial 35).

          Dr Burns: To move - That, on Thursday 23 February 2006, so much of Standing Orders be suspended as would prevent the Commercial Passenger Vehicles Legislation Amendment Bill 2006 (Serial 32), passing through all stages.

          Ms Scrymgour: To move - That this Assembly,

              1. Agrees that cane toads represent a significant threat to our unique Territory environment and lifestyle;

              2. Congratulates the Territory community and FrogWatch in particular, on their efforts at “on the ground” cane toad control;

              3. Encourages all Top End residents to take up Government’s $30 subsidy and buy a trap to protect their own property;

              4. Encourages all Top End residents to get out into their backyards on 14 March to collect and dispose of cane toads they find as part of a Territory day of action;

              5. Notes that the Federal, Northern Territory, Queensland and Western Australian governments are co-ordinating efforts aimed at managing cane toads;

              6. Agrees that while research into biological control is necessary, increased on-ground cane toad control is essential to reduce the impacts of cane toads across northern Australia; and

              7. Calls upon the Federal Government to significantly increase its funding for on-ground cane toad control, in line with the contribution it makes to eradicating other invasive species of national significance.

      15. QUESTIONS:
          2.13pm Ms Carney to Ms Martin.
          2.15pm Mr Natt to Ms Martin.
          2.20pm Ms Carney to Ms Martin.
          2.23pm Ms Sacilotto to Mr Stirling.
          2.25pm Mr Mills to Mr Stirling.
          2.30pm Mr Burke to Mr Henderson.
          2.35pm Mr Wood to Mr Stirling.
          2.40pm Mr Mills to Mr Stirling.
          2.44pm Mr Kiely to Mr Stirling.
          2.47pm Ms Carney to Ms Martin.
          2.53pm Mr Knight to Mr McAdam.
          2.56pm Mrs Braham to Mr Stirling.
          3.01pm Ms Anderson to Mr Henderson.
          3.07pm Ms Carney to Ms Martin.

          The Member for Araluen (Ms Carney) moved a motion to suspend Standing Orders to censure the Government relating to Territory finances -
          The Leader of Government Business (Mr Henderson) informed the Assembly that the government accepted the motion as a censure motion, pursuant to Standing Order 95.

          The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
      16. CENSURE OF GOVERNMENT - TERRITORY'S BUDGET AND FINANCES - MOTION NEGATIVED:
          The Leader of the Opposition (Ms Carney) thereupon moved - That the Assembly censure the Government for:
      its chronic mismanagement of the Territory's budget and finances in times of plenty,
      irresponsibly amplifying an economic up swing with excessive government spending,
      having to make up for the mismanagement by trying to sell Territory assets like TIO,
      failing to reduce debt despite massive GST revenues so that the government can position itself for the eventual downturn that will eventually occur when and if the economy cools,
      allowing Territory debt and employee liabilities to spiral above $4 billion, and
      irresponsible fiscal management.

          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 and negatived.
      17. NORTHERN TERRITORY TOURIST COMMISSION AMENDMENT BILL 2005 (Serial 30):
          The Order of the Day having been read for the resumption of debate on the question, suspended earlier this day - 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
          (Mr Kiely - Chairman)

          Clauses 1 to 3, by leave, taken together and agreed to.
          Clause 4 read.
          On the motion of the Chief Minister (Ms Martin) the following amendment was agreed to -

          Omit from the proposed Long Title "Tourism Northern Territory" and insert in its stead "Tourism NT".

          Clause 4, as amended, agreed to.
          Clause 5 read and agreed to.
          Clause 6 negatived, after debate.
          New Clause 6 -
          On the motion of Ms Martin the following New Clause 6 was inserted in the Bill, after debate -
              6. Amendment of section 1 (Short title)
                  Section 1 –

                  omit

                  Northern Territory Tourism Commission

                  substitute

                  Tourism NT


          Clause 7 read.
          On the motion of Ms Martin the following amendment was agreed to -

          Omit from proposed section 4, definition of "Tourism NT" and substitute "Tourism NT" means Tourism NT established by section 5.

          Clause 7, as amended, agreed to.
          Clause 8 read.
          On the motion of Ms Martin the following amendment was agreed to, after debate -

          Omit the proposed Part 2 heading and insert in its stead "PART 2 – TOURISM NT".

          Clause 8, as amended, agreed to.
          Clause 9 read.
          On the motion of Ms Martin the following amendment was agreed to -

          Omit subclause (1) and insert in its stead -

              (1) Section 5(1) –

                  omit

                  the Northern Territory Tourism Commission

                  substitute

                  Tourism NT

          Clause 9, as amended, agreed to.
          Clauses 10 to 21, by leave, taken together and agreed to.
          Clause 22 read.
          On the motion of Ms Martin the following amendment was agreed to, after debate -

          Omit subclauses (2) and (3) and insert in their stead -
              (2) Schedule 1 –
                  omit

                  Northern Territory Tourism Commission

                  substitute

                  Tourism NT

              (3) Schedule 2 –
                  omit

                  Northern Territory Tourism Commission Act

                      Section 21
                  substitute

                  Tourism NT Act.

                      Section 6F

          Clause 22, as amended, agreed to.
          Clause 23 read.
          On the motion of Ms Martin the following amendment was agreed to -
          Omit proposed Regulation 4(c) and insert in its stead, -

          (c) Tourism NT established by the Tourism NT Act;

          Clause 23, 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) resumed the Chair; and the Chairman (Mr Kiely) reported the Bill with amendments.
          Report adopted.
          On the motion of the Minister for Tourism (Ms Martin) the Bill was read a third time and passed to be a proposed Law.

      18. AUDITOR-GENERAL'S FEBRUARY 2006 REPORT TO THE LEGISLATIVE ASSEMBLY - PAPER TABLED - PRINT - MOTION TO NOTE REPORT:
          The Speaker laid on the Table the Auditor-General's February 2006 Report to the Legislative Assembly (Paper 348).
          The Chief Minister (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.
          Leave granted - Debate adjourned.

      19. NORTHERN TERRITORY ELECTORAL COMMISSION REPORT 2004/2005:
          The Speaker laid on the Table the Northern Territory Electoral Commission Report 2004/2005 (Paper 347).

      20. NORTHERN TERRITORY ECONOMY AND RESOURCES GROWTH - MINISTERIAL STATEMENT - STATEMENT NOTED:
          The Chief Minister (Ms Martin) made a statement relating to the strength of the Territory economy and the resources boom driving its outlook.
          Ms Martin moved - That the Assembly take note of the Statement -
          Debate ensued.
          Extension of time: On the motion of the Minister for Police, Fire and Emergency Services (Mr Henderson) the Minister for Infrastructure and Transport (Dr Burns) was granted and extension of time, pursuant to Standing Order 77.

          Debate continued.
          Extension of time: On the motion of the Member for Greatorex (Dr Lim) the Member for Blain (Mr Mills) was granted an extension of time, pursuant to Standing Order 77.

          Debate continued.
          Question - put and passed.
      21. GENERAL BUSINESS DAYS 2006 - STATEMENT:
          The Leader of Government Business (Mr Henderson) advised, that the following sitting days for 2006 are proposed as days when precedence will be given to General Business, pursuant to Standing Order 93 -
      Thursday, 30 March 2006,
      Wednesday 23 August 2006, and
      Wednesday 29 November 2006.
        22. ADJOURNMENT:
            The Chief Minister (Ms Martin) moved - That the Assembly do now adjourn.
            Debate ensued.
            Question - put and passed.
            The Assembly adjourned at 10.31pm until tomorrow at 10am.
            _________________

            PAPERS:
            The following Papers were deemed to have been presented on Tuesday 14 February 2006 -

            Annual Reports:
            Auditor-General for the Northern Territory February 2006 (Paper 348)
            Australian Crime Commission 2004/2005 (Paper 349)
            Department of Community Development, Sport & Cultural Affairs 2004/2005, Corrigendum, Page 119(2) (Paper 354)
            Land Development Corporation 2004/2005 (Paper 352)
            Northern Territory Legal Aid Commission 2004/2005 (Paper 350)
            Northern Territory Plumbers and Drainers Licensing 2004/2005 (Paper 351)
            Public Trustee for the Northern Territory 2004/2005 (Paper 353)

            Coroners Act:
            Coronial Findings and Recommendations into the death of Ms Anne Chantell Millar, Pursuant to section 46B (Paper 359)

            Financial Management Act:
            Determination of Proportions of Allocations Transferred pursuant to Section 21(1), dated 30 December 2005 (Paper 361)
            Transfer of Excess Allocations pursuant to section 20, dated 30 December 2005 (Paper 360)

            Government Owned Corporations Act:
            Banking Services Form of Accession Agreement Schedule 6, dated 13 December 2005 (Paper 362)

            Regulations 2005:
            No. 50, Building Amendment Regulations (No. 2) (Paper 355)
            No. 51, Construction Industry Long Service Leave and Benefits Amendment Determinations (Paper 356)
            No. 52, Supreme Court Amendment (Sexual Offences Evidence) Rules (Paper 357)
            No. 53, Darwin City Council Amendment (Signs, Hoardings and Advertising) By-Laws 2005 (Paper 358)
            Regulations 2006:
            No. 2, Private Security (Security Officers) Amendment (Paper 363)
            No. 3, Private Security (Security Firms) Amendment (Paper 364)
            No. 4, Private Security (Crowd Controllers) Amendment (Paper 365)
            No. 5, Private Security (Miscellaneous Matters) (Paper 366)
            No. 6, Gaming Control (Community Gaming) (Paper 367)
            No. 7, Volatile Substance Abuse Prevention (Paper 368)
        _________________
            ATTENDANCE:
            All Members attended the sitting.
        Last updated: 04 Aug 2016