Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2013-06-27

1. MEETING
The Assembly met at 2pm. The Speaker, the Honourable Kezia Purick took the Chair.

2. PRAYERS

3. STATEMENT BY SPEAKER
The Speaker made a statement acknowledging the service of the Clerk, Mr Ian McNeill.

4. VISITORS
      The Speaker advised Honourable Members of the presence in the gallery of Mrs Kit McNeill and Mr McNeill’s sister Mrs Jan Roker and brother-in-law, Mr John Roker.

      On behalf of all Members the Speaker extended a warm welcome to the visitors.

5. REORDER OF ROUTINE OF BUSINESS — MOTION AGREED TO
      Mr Elferink (Leader of Government Business), by leave, moved — that the Routine of Business be re-ordered in the following manner:

      1 Prayers

      2 Messages

      3 Notices

      4 Petitions

      4 Papers

      5 Government Business – Orders of the Day

      6 Adjournment
Question — put and passed.

7. MESSAGE FROM THE ADMINISTRATOR No 9:
      The Speaker advised Members of receipt of the following Message from Her Honour the Administrator:
      Message No 9 – Assent to Proposed Laws

      I, SALLY THOMAS AM, the Administrator for 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 asset to the following proposed law(s):

      29 May 2013
        Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 (Act No 11 of 2013)
        Penalty Units Amendment Act 2013 (Act No 12 of 2013)
      6 June 2013
        Electronic Conveyancing (National Uniform Legislation) Act 2013 (Act No 13 of 2013)
        Public and Environmental Health Amendment Act 2013 (Act No 14 of 2013)
        Sale of Land (Rights and Duties of Parties) Act Repeal Act 2013 (Act No 15 of 2013)
        Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2013 (Act No 16 of 2013)

      SALLY THOMAS AM

      Administrator
      (Paper 396)

6. LEAVE OF ABSENCE — MEMBER FOR DALY
      Mr Elferink (Leader of Government Business) moved — That leave of absence be granted to Mr Higgins (Member for Daly) for today Thursday 27 June 2013 on account of Government business.

      Leave of absence granted.

8. PETITIONS
The following petitions were presented.

      1 Mr Giles (Member for Braitling), presented Petition No. 15 from 2,367 petitioners conforming with Standing Orders praying that the Police call centre be returned to Alice Springs (Paper 397).
        Petition read.

      2 Ms Finocchiaro (Member for Drysdale), presented Petition No. 16 from 296 petitioners conforming with Standing Orders praying that the Minister for Seniors represents all seniors in all matters relevant to seniors (Paper 398).
        Petition read

      3 Ms Finocchiaro (Member for Drysdale), presented Petition No. 17 from 327 petitioners conforming with Standing Orders praying that the seniors bus concession be reinstated (Paper 399).
        Petition read

      4 Ms Finocchiaro (Member for Drysdale), presented Petition No. 18 from 381 petitioners conforming with Standing Orders praying that there be an annual percentage increase on all senior concessions and rebates rather than the current fixed amount (Paper 400).
        Petition read.

      5 Ms Finocchiaro (Member for Drysdale), presented Petition No. 19 from 332 petitioners conforming with Standing Orders praying that the proposed changes to interstate and overseas travel concessions be reversed (Paper 401).
        Petition read.

      RESPONSES TO PETITIONS
      The Clerk, pursuant to Standing Order 100A, laid upon the table Responses to Petition Numbers 10 and 14 relating to respectively: New workers village on rural blocks; and Second inquest into death of Dwayne Berto (Paper 402).

9. PAPERS
      The Speaker, Ms Kezia Purick tabled the following Interstate Travel Reports -

      1 Travel Report by the Member for Casuarina (Mr Vatskalis) pursuant to the Remuneration Tribunal Determination Paragraph 4.12 – Interstate Travel to Sydney, New South Wales, 4 to 7 March 2013, to be a guest presenter at the 2013 Excellence in Oil and Gas conference, dated 23 May 2013 (Paper 404).

      2 Travel Report by the Member for Drysdale (Ms Finocchiaro) pursuant to the Remuneration Tribunal Determination Paragraph 4.12 – Interstate Travel to Sydney, New South Wales, 10 April to 12 April 2013, to attend the Australasian Council of Public Accounts Committees (ACPAC) Conference “Public Accounts Committees: Adapting to a changing environment”, dated 24 May 2013 (Paper 405).

      3 Travel Report by the Member for Blain (Mr Mills) pursuant to the Remuneration Tribunal Determination Paragraph 4.12 – Interstate Travel to Canberra, ACT and Sydney, NSW, 20 to 25 March 2013, to discuss policy matters relating to the Northern Territory, dated 21 June 2013 (Paper 406).

      4 Travel Report by the Member for Arnhem (Ms Lee) pursuant to the Remuneration Tribunal Determination Paragraph 4.12 – Interstate Travel to Devonport, Tasmania, 22 to 24 March 2013, to attend the Liberal Women’s Conference, dated 26 June 2013 (Paper 407).

      5 Travel Report by the Member for Stuart (Mrs Price) pursuant to the Remuneration Tribunal Determination Paragraph 4.12 – Interstate Travel to Devonport, Tasmania, 22 to 24 March 2013, to attend the Liberal Women’s Conference, dated 26 June 2013 (Paper 408).

10. APPROPRIATION (2013-2014) BILL 2013 (SERIAL 26):
      The Order of the Assembly having been read for the consideration in Committee of the Whole of the Bill together with the Reports of the Estimates Committee and Government Owned Corporations Scrutiny Committee, pursuant to the resolution of the Assembly, dated 16 May 2013.

      The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
      _____________
      In Committee

      (Chair of Committees and Deputy Speaker – Mrs Price)

      And at 2.30pm the Assembly, pursuant to resolution, proceeded to the question -

      That, the proposed expenditure be agreed to and that the resolutions or expressions of opinion as agreed to by the Committees in relation to the proposed expenditure or outputs with reference to the Appropriation (2013-2014) Bill 2013 (Serial 26) or the activities, performances, practices and financial management of the Power and Water Corporation with reference to its Statement of Corporate Intent for 2013-2014 - be noted.

      Paper Tabled: Ms Finocchiaro (The Chairman of the Estimates Committee and Government Owned Corporations Scrutiny Committee), pursuant to resolution, laid on the Table the Report of the Estimates Committee on its consideration of the Appropriation (2013-2014) Bill 2013 (Serial 26); and Report of the Government Owned Corporations Scrutiny Committee consideration of the financial and management practices of the Power and Water Corporation as referenced in its Statement of Corporate Intent for 2013-2014 (Paper 403).
      Debate ensued.

      Paper Tabled: Mr Gunner (Member for Fannie Bay) laid upon the table a letter from Ms Lia Finocchiaro, Chair Public Accounts Committee to Hon. John Elferink, Leader of Government Business, re: Recommended Process for the forthcoming Estimates Committee Hearings, dated 2 May 2013; and letter from Hon. John Elferink, Leader of Government Business to Ms Lia Finocchiaro, Chair Public Accounts Committee re: Recommended Process for the forthcoming Estimates Committee Hearings, dated 9 May 2013 (Paper 413).

      Debate ensued.

      Question – put and passed.

      Question – That the remainder of the Bill be agreed to – put and passed.

      Question – That the Bill be reported as printed – put and passed.
      _______________
      The Assembly resumed; the Speaker (Ms Purick) took the Chair; the Deputy Speaker and Chair of Committees (Mrs Price) reported that the Committee had -

      considered the Appropriation (2013-2014) Bill 2013 (Serial 26) and the Report of the Estimates Committee and Government Owned Corporations Scrutiny Committee; and
      agreed to the Appropriation (2013-2014) Bill 2013 (Serial 26) and reports, without amendment.

      Question – That the Reports be adopted – put and passed.

      On the motion of Mr Tollner (Treasurer) the Appropriation (2013/2014) Bill 2013 (Serial 26) was read a third time and passed to be a proposed law.

11. REVENUE LEGISLATION AMENDMENT BILL 2013 (SERIAL 28):
      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 Mr Tollner (Treasurer), the Bill was read a third time and was passed to be a proposed law.
12. MINING MANAGEMENT AMENDMENT BILL 2013 (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.

      Paper Tabled: Mr Westra Van Holthe (Minister for Mines and Energy) laid upon the Table an amended Explanatory Statement (amending Explanatory Statement tabled 16 May 2013 (Paper 429).

      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 Mr Westra Van Holthe (Minister for Mines and Energy), the Bill was read a third time and was passed to be a proposed law.
13. MOTOR VEHICLES AMENDMENT BILL 2013 (SERIAL 27):
      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 Mr Giles (Minister for Transport), the Bill was read a third time and was passed to be a proposed law.

14. ALCOHOL MANDATORY TREATMENT BILL 2013 (SERIAL 33):
      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 – Mrs Price)

      Bill taken Clause by Clause.

      Debate ensued.

      Clause 1 agreed to.

      Clause 2 read.

      On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
        omit

        the day fixed by the Administrator by Gazette notice

        insert

        1 July 2013
      Clause 2, as amended, agreed to.

      Clauses 3 to 9 by leave, taken together and agreed to after debate.

      Clause 10 read.

      On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
          Clause 10(e)

          omit

          could

          insert

          would
          Clause 10, as amended, agreed to.
            Clauses 11 and 12 negatived.

            New Clauses 11 and 12.
              On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
                  After Clause 10 insert

                  11 Mandatory community treatment order

                  (1) A mandatory community treatment order is an order in relation to a person that:

                  (a) requires the person to participate in treatment from a specified community treatment provider; and

                  (b) bans the person from possessing, consuming or purchasing alcohol.

                  (2) A mandatory community treatment order may also do one or more of the following:

                  (a) require the person to undergo alcohol testing;

                  (b) ban the person from being in company with one or more specified persons;

                  (c) ban the person from being at a specified place;

                  (d) require the person to reside with a specified person or at a specified place;

                  (e) impose on the person another form of management that is consistent with the objects of this Act.

                  12 Mandatory residential treatment order

                  A mandatory residential treatment order is an order in relation to a person that:

                  (a) authorises the admission of the person to, and the detention of the person at, a specified treatment centre; and

                  (b) requires the person to participate in treatment at the treatment centre; and

                  (c) bans the person from possessing, consuming or purchasing alcohol.
                New Clauses 11 and 12, as amended, agreed to.

                Clauses 13 to 16 by leave, taken together and agreed to.
                _________________

                Mr Elferink (Leader of Government Business) on a point of order, acknowledged that Mr McNeill (Clerk) was leaving the chamber for the last time.
                _________________

                Clause 17 read.

                On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
                  Clause 17(2) to (5)

                  omit, insert

                  (2) The assessment must be conducted not later than 96 hours after the assessable person is admitted to the assessment facility.

                  (3) In calculating the period under subsection (2), any period of time during which the assessable person is absent from the assessment facility for any reason (or is being assessed under the Mental Health Act as mentioned in section 21) must be disregarded.
                  Clause 17, as amended, agreed to.
                    Clause 18 negatived.
                      New Clause 18.
                        After Clause 17

                        insert

                        18 Release if assessment not conducted within time allowed

                        If, on the expiry of the time allowed under section 17(2), an assessment of the assessable person has not been conducted, the assessable person must be released from the assessment facility.

                      New Clause 18, as amended, agreed to.

                      Clause 19 read.

                      On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
                        Clause 19(2) to (6)

                        omit, insert

                        (2) In making an assessment a senior assessment clinician must form an opinion as to whether:

                        (a) the assessable person is likely to fulfil the criteria for involuntary admission or involuntary treatment or care in the community under the Mental Health Act; or

                        (b) the assessable person is likely to meet the criteria for a mandatory treatment order.

                        (3) In conducting the assessment, the senior assessment clinician may examine the assessable person but, before doing so, must explain the purpose of the examination to the person to the extent that is reasonably practicable.
                        Clause 19, as amended, agreed to.

                        Clause 20 read.

                        On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
                          Clause 20

                          omit

                          As soon as practicable

                          insert

                          Within 24 hours
                        On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to —

                          Clause 20(a), after "21"

                          insert

                          (unless the assessment is being made immediately after the person has been referred back for assessment after a request made under that section)
                        On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to —

                          Clause 20(b)

                          omit

                          for an order

                        Clause 20, as amended, agreed to.

                        Clause 21 read.

                        On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to —
                          Clause 21(1)

                          omit

                          section 19(2)

                          insert

                          section 19(2)(a) (and the opinion is formed as part of an assessment other than one made after a referral back under the Mental Health Act after a previous request under this section)

                        Clause 21, as amended, agreed to.

                        Clause 22 read.

                        On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to —
                          Clause 22(1)

                          omit

                          section 19(2), the senior assessment clinician must apply to the Tribunal for an order

                          insert

                          section 19(2)(a), the senior assessment clinician must make an application to the Tribunal
                          On the motion of Mrs Lambley (Minister for Health), the following amendment was withdrawn after debate —
                              Clause 22(3)(b)(ii)

                              omit
                              On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to —
                                  Clause 22(3)(c)

                                  omit

                                  treatment that, in the clinician's opinion, would be appropriate and practicable for the assessable person to receive

                                  insert

                                  treatment in which, in the clinician's opinion, it would be appropriate and practicable for the assessable person to participate

                                Clause 22, as amended, agreed to.

                                Clause 23 negatived.

                                New Clause 23.
                                  On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
                                    After clause 22

                                    insert

                                    23 Notice of action taken

                                    (1) As soon as practicable after taking one of the actions mentioned in section 20, the senior assessment clinician must take reasonable steps to ensure the following persons are given notice of that action:

                                    (a) the assessable person;

                                    (b) the assessable person's primary contact and guardian (if any);

                                    (c) the assessable person's representative (if any);

                                    (d) any other person nominated by the assessable person.

                                    (2) In addition, if the action taken by the senior assessment clinician is an action taken under section 20(b) the clinician must give a copy of the application and assessment report to the assessable person and any person nominated by the assessable person.

                                  Clause 23, as amended, agreed to.

                                  Clauses 24 to 28 by leave, taken together and agreed to.

                                  Clause 29 negatived.

                                  New Clause 29.

                                  On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
                                    After clause 28

                                    insert

                                    29 Transport on release

                                    If a person is to be released from an assessment facility under section 18, 25 or 28, a senior assessment clinician at the facility may arrange for the person:

                                    (a) to be taken to the person's usual place of residence; or

                                    (b) to be taken to another place that the senior assessment clinician reasonably believes to be safe.

                                  Clause 29, as amended, agreed to.

                                  Clause 30 agreed to.

                                  Clause 31 read.

                                  On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
                                    Clause 31(1)

                                    omit

                                    7 days

                                    insert

                                    96 hours
                                    Clause 31, as amended, agreed to.

                                    Clause 32 agreed to.

                                    Clause 33 negatived.

                                    New Clause 33.

                                    On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
                                      After clause 32

                                      insert

                                      33 Orders that can be made by Tribunal

                                      Following the hearing of the application, the Tribunal may:

                                      (a) make a mandatory treatment order in relation to the affected person if the Tribunal is satisfied that the affected person:

                                      (i) meets the criteria for a mandatory treatment order; and

                                      (ii) is not, under section 9(2), a person in relation to whom a mandatory treatment order must not be made; or

                                      (b) otherwise, make an order for the affected person to be released.
                                      Clause 33, as amended, agreed to.

                                      Clauses 34 and 35 by leave, taken together and agreed to.

                                      Clause 36 negatived.

                                      New Clause 36.

                                      On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
                                        After clause 35

                                        insert

                                        36 Order for release taken to be made after 96 hours

                                        The Tribunal is taken to have made an order for the affected person to be released if it has not made a mandatory treatment order within 96 hours of receiving the application.
                                        Clause 36, as amended, agreed to.

                                        Clauses 37 to 41 by leave, taken together and agreed to.

                                        Clause 42 negatived.

                                        New Clause 42.

                                        On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
                                          After clause 41

                                          insert

                                          42 Order for release taken to be made after 96 hours
                                          The Tribunal is taken to have made an order for the affected person to be released if it has not made a mandatory residential treatment order in relation to the person within 96 hours of receiving the application.
                                          Clause 42, as amended, agreed to.
                                            Clauses 43 to 53 by leave, taken together and agreed to.

                                            Clause 54 negatived.

                                            On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —

                                            New Clause 54.
                                              After clause 53

                                              insert

                                              54 Admission and detention

                                              (1) The senior treatment clinician for the treatment centre must admit the person to the centre and detain the person at the centre for the purpose of treatment while the mandatory residential treatment order is in force.

                                              (2) While the mandatory residential treatment order is in force, the person must remain at the treatment centre unless he or she is permitted to absent himself or herself from the treatment centre in accordance with this Act.

                                            Clause 54, as amended, agreed to.

                                            Clauses 55 to 67 by leave, taken together and agreed to.

                                            Clause 68 read.

                                            On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to —
                                                Clause 68(1)

                                                omit

                                                receives treatment from

                                                insert

                                                participates in treatment provided by
                                                Clause 68, as amended, agreed to.

                                                Clause 69 agreed to.

                                                Clause 70 read.

                                                On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
                                                  Clause 70

                                                  omit

                                                  receives treatment from

                                                  insert

                                                  participates in treatment provided by
                                                  Clause 70, as amended, agreed to.

                                                  Clause 71 agreed to.

                                                  Clause 72 read.

                                                  On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
                                                    Clause 72(a) to (c)

                                                    omit, insert

                                                    (a) the person is detained at a treatment centre under a mandatory residential treatment order that is in force in relation to the person; and

                                                    (b) the person intentionally absents himself or herself from the treatment centre otherwise than in accordance with this Act, having already intentionally absented himself or herself from the treatment centre on at least 2 previous occasions while the order was in force; and

                                                    (c) on at least 2 of the previous occasions when the person absented himself or herself from the treatment centre, he or she did so otherwise than in accordance with this Act.
                                                    Clause 72, as amended, agreed to.

                                                    Clauses 73 to 78 by leave, taken together and agreed to.

                                                    Clause 79 read.

                                                    On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to —
                                                        Clause 79(3)(b)

                                                        omit

                                                        officer;

                                                        insert

                                                        officer.
                                                      On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to

                                                        Clause 79(3)(c)

                                                        Omit
                                                        Clause 79, as amended, agreed to.
                                                          Clauses 80 to 89 by leave, taken together and agreed to.
                                                            Clause 90 read.

                                                            On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to —
                                                                Clause 90(1)

                                                                omit

                                                                reasonable

                                                              Clause 90, as amended, agreed to.
                                                                Clauses 91 to 97 by leave, taken together and agreed to.
                                                                  Clause 98 read.
                                                                  On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to —
                                                                      Clause 98(2)(a)

                                                                      omit

                                                                      receive treatment using

                                                                      insert

                                                                      participate in treatment that uses

                                                                    Clause 98, as amended, agreed to.

                                                                    Clauses 99 to 119 by leave, taken together and agreed to.

                                                                    Clause 120 read.

                                                                    On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to —
                                                                        Clause 120(1)(b), after "extending"

                                                                        insert

                                                                        or reducing
                                                                      Clause 120, as amended, agreed to.

                                                                      Clauses 121 to 122 by leave, taken together and agreed to.

                                                                      Clause 123 read.

                                                                      On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to —
                                                                          Clause 123, at the end

                                                                          insert

                                                                          (4) In addition, subsection (1) or (2) does not apply if the publication or broadcast is made by, or with the consent of, the affected person.

                                                                        Clause 123, as amended, agreed to.

                                                                        Clauses 124 to 132 by leave, taken together and agreed to.

                                                                        Clause 133 read.

                                                                        On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to —
                                                                            Clause 133(3)

                                                                            Omit
                                                                            Clause 133, as amended, agreed to.

                                                                            Clause 134 agreed to.

                                                                            Clause 135 read.

                                                                            On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to —
                                                                                Clause 135(3)

                                                                                omit, insert

                                                                                (3) The person must hold the qualifications specified in the directions made under subsection (5).
                                                                              On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to —

                                                                                Clause 135, at the end

                                                                                insert

                                                                                (5) The CEO must issue directions specifying the qualifications required of authorised officers, the training requirements for authorised officers, and any other matter the CEO considers appropriate for the performance of the functions mentioned in subsection (4).
                                                                              Clause 135, as amended, agreed to.

                                                                              Clauses 136 to 149 by leave, taken together and agreed to.

                                                                              On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
                                                                                New Clauses 149A to 149B.
                                                                                    After Part 9 heading

                                                                                    insert

                                                                                    Division 1A Coroners Act

                                                                                    149A Act amended

                                                                                    This Division amends the Coroners Act.

                                                                                    149B Section 12 amended

                                                                                    (1) Section 12(1) definition person held in care, paragraph (b)

                                                                                    omit
                                                                                    hospital.

                                                                                    insert

                                                                                    hospital; or

                                                                                    (2) Section 12(1) definition person held in care, after paragraph (b)
                                                                                    insert

                                                                                    (c) a person who is an assessable person, or a person in relation to whom a mandatory residential treatment order is in force, under the Alcohol Mandatory Treatment Act.

                                                                                  New Clauses 149A to 149B, as inserted, agreed to.

                                                                                  Clauses 150 to 164 by leave, taken together and agreed to.

                                                                                  Clause 165 read.

                                                                                  On the motion of Mrs Lambley (Minister for Health), the following amendment was agreed to after debate —
                                                                                      Clause 165, proposed section 128A(1)(d)

                                                                                      omit, insert

                                                                                      (d) the person has been apprehended and taken into custody under section 128 on at least 2 occasions in:

                                                                                      (i) if a period has not been prescribed by regulations, the 2 month period immediately preceding the occasion of the apprehension of the person as mentioned in paragraph (a); or

                                                                                      (ii) if a period has been prescribed by regulations, the prescribed period immediately preceding the apprehension of the person as mentioned in paragraph (a); and

                                                                                      Clause 165, proposed section 128A(8), definition prescribed period

                                                                                      Omit
                                                                                      Clause 165, 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 Deputy Speaker (Mrs Price) took the Chair; the Deputy Chair of Committees (Ms Lee) reported that the Committee had agreed to the Bill with amendments.

                                                                                      Question – That the Report be adopted – put.

                                                                                      The Assembly divided:


                                                                                      Ayes 14 Noes 7
                                                                                      Ms Anderson Ms Fyles
                                                                                      Mr Chandler Mr Gunner
                                                                                      Mr Conlan Ms Lawrie
                                                                                      Mr Elferink Ms Manison
                                                                                      Ms Finocchiaro Mr McCarthy
                                                                                      Mr Giles Mr Vatskalis
                                                                                      Mr Kurrupuwu Ms Walker
                                                                                      Mrs Lambley
                                                                                      Ms Lee
                                                                                      Mr Mills
                                                                                      Ms Price
                                                                                      Mr Styles
                                                                                      Mr Tollner
                                                                                      Mr Westra van Holthe

                                                                                      And so it was resolved in the affirmative.

                                                                                      On the motion of Mrs Lambley (Minister for Health), the Bill was read a third time and passed to be a proposed law.
                                                                                  15. PENALTIES AMENDMENT (MISCELLANEOUS) BILL 2013 (SERIAL 32):
                                                                                      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 Mr Elferink (Attorney-General and Minister for Justice), the Bill was read a third time and was passed to be a proposed law.
                                                                                  16. SENTENCING AMENDMENT BILL 2013 (SERIAL 34):
                                                                                      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 Mr Elferink (Attorney-General and Minister for Justice), the Bill was read a third time and was passed to be a proposed law.

                                                                                      Question – put.

                                                                                      The Assembly divided:
                                                                                      Ayes 13 Noes 7
                                                                                      Ms Anderson Ms Fyles
                                                                                      Mr Chandler Mr Gunner
                                                                                      Mr Conlan Ms Lawrie
                                                                                      Mr Elferink Ms Manison
                                                                                      Ms Finocchiaro Mr McCarthy
                                                                                      Mr Giles Mr Vatskalis
                                                                                      Mr Kurrupuwu Ms Walker
                                                                                      Mrs Lambley
                                                                                      Ms Lee
                                                                                      Mr Mills
                                                                                      Mr Styles
                                                                                      Mr Tollner
                                                                                      Mr Westra van Holthe

                                                                                      And so it was resolved in the affirmative.

                                                                                      The Bill was read a third time and was passed to be a proposed law.

                                                                                  17. ADJOURNMENT
                                                                                      Mr Elferink (Leader of Government Business) moved —

                                                                                      That the Assembly do now adjourn.

                                                                                      Question — put and passed.

                                                                                      And the Assembly adjourned at 2.42am on Friday 28 June until Tuesday 20 August at 10am.
                                                                                    ____________________

                                                                                        PAPERS
                                                                                        The following papers were deemed to have been Tabled on 27 June 2013 —

                                                                                        Annual Reports
                                                                                        Cobourg Peninsula Sanctuary and Marine Park Board, 2011-2012 (Paper 409)
                                                                                        Charles Darwin University, 2012 (Paper 410)
                                                                                        Charles Darwin University Financial Statements, 2012 (Paper 411)
                                                                                        Batchelor Institute of Indigenous Tertiary Education, 2012, Volume 1 (Paper 414)
                                                                                        Batchelor Institute of Indigenous Tertiary Education Financial Statements, 2012, Volume 2 (Paper 415)

                                                                                        Financial Management Act
                                                                                        Increase of Treasurer’s Advance, pursuant to section 19(1), dated 17 June 2013 (Paper 416)
                                                                                        Authorisation Issue of Increased Funds available from Commonwealth, pursuant to section 19(A)(1), dated 22 May 2013 (Paper 417)
                                                                                        Direction Transfer of Excess Appropriations, pursuant to section 20(1), dated 22 May 2013 (Paper 418)
                                                                                        Determination Proportions of Appropriations to be transferred after Redistribution of Business, pursuant to section 21(1), dated 22 May 2013 (Paper 419)
                                                                                        Report
                                                                                        Legal and Constitutional Affairs Committee performing the functions of the Subordinate Legislation & Publications Committee, Report of Ministerial Correspondence on Subordinate Legislation and Publications, May 2012 – April 2013, No. 1 of 2013, May 2013 (Paper 412)

                                                                                        Subordinate Legislation 2013
                                                                                        No. 8, Private Security (Crowd Controllers) Amendment Regulations 2013 (Paper 420)
                                                                                        No. 9, Private Security (Security Firms) Amendment Regulations 2013 (Paper 421)
                                                                                        No. 10, Private Security (Security Officers) Amendment Regulations 2013 (Paper 422)
                                                                                        No. 11, Gaming Control (Internet Gaming) Amendment Regulations 2013 (Paper 423)
                                                                                        No. 12, Totalisator Licensing and Regulations Amendment Regulations 2013 (Paper 424)
                                                                                        No. 13, Petroleum Amendment (Fees) Regulations 2013 (Paper 425)
                                                                                        No. 14, Petroleum (Submerged Lands) Amendment (Fees) Regulations 2013 (Paper 426)
                                                                                        No. 18, Supreme Court Amendment (Interest Rate) Rules 2013 (Paper 427)
                                                                                        No. 19, Territory Parks and Wildlife Conservation Amendment (Limmen Bight Marine Park) By-laws 2013 (Paper 428)
                                                                                    ______________________

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




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