Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2010-02-23

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

    2. PRAYERS.

    3. AUDITOR-GENERAL’S FEBRUARY 2010 REPORT TO THE LEGISLATIVE ASSEMBLY – PAPER TABLED – MOTION TO NOTE REPORT:
        The Speaker presented the Auditor-General’s February 2010 Report to the Legislative Assembly (Paper 708).
        The Chief Minister (Mr Henderson) moved – That the Report be printed.
        Question – put and passed.
        The Chief Minister (Mr Henderson) moved – That the Assembly take note of the Report.
        Leave granted to Mr Henderson to continue his remarks at a later hour.
        Debate adjourned.
    4. TRADE MEASUREMENT LEGISLATION REPEAL BILL 2009 (Serial 81):
        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.
    5. RESIDENTIAL TENANCIES AMENDMENT BILL 2009 (Serial 84):
        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 12.01pm and 2pm.
        __________________

        Distinguished Visitors: The Speaker advised Members of the presence in the Speaker’s Gallery of Mr Neville Perkins OAM, former Deputy Leader of the Opposition and Mr Abdul Khan.
        On behalf of all Members the Speaker extended a warm welcome to the distinguished visitors.
    6. NOTICES:
        The following Notices were given:
        Mr Vatskalis: To present the Health Practitioner (National Uniform Legislation) Implementation Bill 2010 (Serial 93).

        Mr Wood: That the Assembly refers the following matter to the Standing Orders Committee for consideration and report:
                The establishment of a mechanism to allow Mini Statements to replace what was formerly Ministerial Reports.

                Suggested Guidelines to be considered:
    There be a maximum of 3 mini statements per day;
    The Opposition and cross benchers be given one hour notice on topic to be discussed unless an urgent matter does not allow such notice;
    Speaking times of – Government, one speaker of, 5 minutes duration; Opposition, one speaker in reply, 5 minutes duration; one independent, in reply, 2 minutes and Government, one speaker in reply, 3 minutes.

        Ms Anderson: To move -
                    That, the Northern Territory Government produces a specific and detailed budget paper setting out –

                    (a) all funding provided to Departments and Agencies for Indigenous Affairs and where and when these funds were expended and on what.

                    (b) clearly whether funding came from the Territory or funding came from the Commonwealth and where each of these different funding areas were provided to and expended and what outcomes were achieved.

        Ms Anderson: To move - That –
                1. The Assembly Establish a Standing Committee to be known as the “Territory Indigenous Expenditure Review Committee”.

                2. The Committee is to inquire into all areas of indigenous expenditure including allocations made by the Territory Government and made by the Federal Government which are both administered by the Territory Government and the Federal Government.

                3. The Committee is to report on a regular basis, but at least quarterly, and must at the very least in each report -
                    (a) match said related expenditure allocations with actual expenditure; and
                      (b) evaluate the outcomes achieved from the expenditure.
                    4. The Committee is to be made up of those people who recognise themselves as indigenous people and are current Members of the Northern Territory Legislative Assembly.

                    5. The Committee can initiate inquiries into any matter relating to Indigenous expenditure.

                    6. The Speaker provide all funding and human resources necessary for the Committee to actively do the tasks set by the Assembly.

          7. LEAVE OF ABSENCE, MEMBER FOR ARALUEN – MOTION AGREED TO:
              The Member for Port Darwin (Mr Elferink) moved – That leave of absence be granted to the Member for Araluen (Ms Carney) for this sittings week, 23 to 25 February 2010.
              Question – put and passed.
          8. QUESTIONS:
              2.05pm Mr Mills to Mr Henderson
              2.06pm Ms Scrymgour to Mr Henderson.
              2.09pm Mr Tollner to Mr Henderson.
              2.12pm Ms Walker to Mr Vatskalis.
              2.14pm Mr Tollner to Mr Henderson.
              2.19pm Mr Wood to Mr Vatskalis.
              2.21pm Ms Purick to Ms Lawrie.
              2.22pm Mr Gunner to Mr McCarthy.
              2.24pm Ms Purick to Ms Lawrie.
              2.26pm Mr Mills to Ms Lawrie.
              2.27pm Ms Scrymgour to Mr McCarthy.
              2.30pm Mr Wood to Mr McCarthy.
              2.33pm Mr Mills to Mr Henderson.
              2.39pm Ms Walker to Dr Burns.
              2.41pm Mr Wood to Mr Hampton.
              2.43pm Mr Mills to Mr Henderson.
              2.47pm Mr Mills to Mr Henderson. – supplementary.
              2.48pm Mr Gunner to Mr Knight.
              2.51pm Mr Mills to Mr Henderson.
              2.54pm Ms Scrymgour to Mr Henderson.
              2.56pm Mr Mills to Mr Henderson.
              2.59pm Mr Wood to Mr Hampton and referred to Mr Vatskalis.
              3.02pm Mr Mills to Mr Vatskalis.

              The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
          9. RESIDENTIAL TENANCIES AMENDMENT BILL 2009 (Serial 84):
              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.
              Extension of time: On the motion of the Member for Drysdale (Mr Bohlin) the Member for Fong Lim (Mr Tollner) was granted an extension of time, pursuant to Standing Order 77.

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

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

              Clauses 1 to 22, by leave, taken together and agreed to.
              Clause 23 read.
              On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) the following amendment was agreed to, after debate -
                  Clause 23, proposed Part 13A, Division 1, heading, sections 122A and 122B and Part 13A, Division 2, heading
                        omit, substitute

                  Division 1 Purpose of Part

                  122A Purpose of Part

                        The purpose of this Part is to make further provisions relating to caravan parks and caravan park agreements.

                        Note for section 122A

                        Under section 4B, a caravan park agreement is a tenancy agreement. Therefore, generally speaking, provisions about tenancy agreements apply to caravan park agreements, including section 19. Also, other than in this Part, there are provisions specifically about caravan parks and caravan park agreements, for example, sections 48A, 48B, 88B and 100B and Part 13, Division 1A.


                  Division 2 Caravan park rules and residents committees

                  122B Agreements incorporate caravan park rules

                        The caravan park rules for a caravan park (as in force from time to time under this Division) are taken to constitute terms of every caravan park agreement relating to the park whether the agreement is formed under section 19(1) or is an agreement mentioned in section 19(4).

              On the motion of Ms Lawrie the following amendment was agreed to -
                    Clause 23, after proposed section 122C(2)
                          insert
                    (2A) Rules made under subsection (1) do not have effect unless each resident of the caravan park was given at least 14 days written notice of the rules proposed to be made.

                    (2B) If a residents committee has been established under section 122F for the caravan park, the caravan park owner must consult with, and consider the views of, the committee before making rules under subsection (1).


                Clause 23, as amended, agreed to.
                Clause 24 agreed to.
                Clause 25 read.
                On the motion of Ms Lawrie the following amendment was agreed to, after debate -
                  Clause 25, after proposed section 164
                                insert
                  164A Caravan park rules in force on commencement
                        (1) This section applies to written rules (however described) of a caravan park as existing immediately before the commencement of this section (the existing rules) that, immediately before the commencement, apply to agreements that, on commencement, are existing agreements within the meaning of section 164.

                        (2) The existing rules of a caravan park are taken to be rules made under Part 13A, Division 2 for the caravan park even if the rules include a matter not mentioned in section 122C(2).

                        Note about existing rules

                        The existing rules of a caravan park constitute terms of every caravan park agreement relating to the park as mentioned in section 122B, and may be amended under section 122D and may be the subject of an application under section 122E.


                Clause 25, 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 took the Chair; and the Deputy Speaker and Chair of Committees (Ms Walker) reported that the Committee had agreed to the Bill with amendments.
                And the Report was 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.
            10. TREASURER’S ANNUAL FINANCIAL REPORT 2008/2009 – REPORT NOTED:
                The Order of the Day having been read for the resumption of debate on the question – That the Report be noted –
                Debate resumed.
                Question – put and passed.
            11. TREASURER'S MID - YEAR REPORT 2009/2010REPORT NOTED:
                The Order of the Day having been read for the resumption of debate on the question – That the Report be noted –
                Debate resumed.
                Question – put and passed.
            12. CLIMATE CHANGE – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
                The Minister for Climate Change (Mr Hampton) made a statement relating to the decisive action taken by the Northern Territory Government on the global challenge of Climate Change.
                Mr Hampton moved – That the Assembly take note of the Statement.
                Debate ensued.
                Quorum: The Member for Sanderson (Mr Styles) drew the Deputy Speaker’s (Ms Walker) attention to the lack of a quorum of the Assembly.
                Bells having been rung –
                And a quorum having been attained – The Assembly resumed.
                Debate continued.
                Extension of time: On the motion of the Member for Johnston (Dr Burns) the Member for Fannie Bay (Mr Gunner) was granted an extension of time, pursuant to Standing Order 77.

                Debate continued
                Quorum: The Member for Fong Lim (Mr Tollner) drew the Speaker’s attention to the lack of a quorum of the Assembly.
                Bells having been rung –
                And a quorum having been attained – The Assembly resumed.

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

                Debate continued.
                Quorum: The Member for Braitling (Mr Giles) drew the Deputy Speaker’s (Ms Walker) attention to the lack of a quorum of the Assembly.
                Bells having been rung –
                And a quorum having been attained – The Assembly resumed.

                Debate continued.
                Paper tabled: The Member for Fong Lim (Mr Tollner), by leave, laid on the Table the following Paper –
            Help Stop Canberra’s Nuclear Waste Dump in the Territory (Paper 711).

                Debate continued.
                    Extension of time: On the motion of the Member for Braitling (Mr Giles) the Member for Fong Lim (Mr Tollner) was granted an extension of time, pursuant to Standing Order 77.

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

                Debate continued.
                Debate suspended, pursuant to Standing Order 41A.
            13. ADJOURNMENT, Automatic:
                The Speaker, pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.
                Debate ensued.
                And the Assembly adjourned at 9.48pm until Wednesday 24 February 2010 at 10am.
                ________________

                PAPERS:
                The following Papers were deemed to have been presented on Tuesday 23 February 2010 -

                Annual Reports
                Australian Crime Commission, 2008/2009 (Paper 709)
                National Trust of Australia (NT), 2008/2009 (Paper 710)
            _________________
                ATTENDANCE:
                All Members attended the sittings except Ms Carney, on leave.
          Last updated: 04 Aug 2016