Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2009-05-06

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

2. PRAYERS.

3. PETITIONS:
      The Member for Nelson (Mr Wood) presented Petition No. 13 from 143 petitioners requesting that the 2009-2010 allocation of the NT operations grant to the Wagait Shire be no less than the allocation last year (Paper 308).
      Petition read.
4. MINISTERIAL REPORTS:
      Social Housing Stimulus: The Minister for Housing (Mr Knight) reported on its program to update social housing properties this financial year in conjunction with funding from the federal government.
      Ms Purick responded.
      Mr Wood responded.
      Mr Knight replied.

      Sport and Active Recreation Policy: The Minister for Sport and Recreation (Mr Hampton) reported on the development of a review of the government Sport and Active Recreation policy.
      Mr Bohlin responded.
      Mr Wood responded.
      Mr Hampton replied.

      Backpacker Tourism Market: The Minister for Tourism (Dr Burns) reported on the backpacker tourism market.
      Mr Tollner responded.
      Dr Burns replied.

      Ministerial Reports noted, pursuant to Standing Orders.
      _________________

      Distinguished visitor: The Speaker advised Members of the presence in the Speaker's Gallery of the former Member for Macdonnell (Mr Neil Bell).
      On behalf of all Members the Speaker extended a warm welcome to the distinguished visitor.
      ________________
5. SUSPENSION OF STANDING ORDERS - COGNATE DEBATE ON APPROPRIATION (2009-2010) BILL (SERIAL 41) APPROPRIATION (ADDITIONAL FOR 2008-2009) BILL 2009 (SERIAL 40):
      The Treasurer (Ms Lawrie), pursuant to notice, moved - That so much of the Standing Orders be suspended as would prevent Bills entitled - Appropriation (2009-2010) Bill 2009 (Serial 41) and Appropriation (Additional for 2008-2009) Bill 2009 (Serial 40) -
      (a) having one motion being put in regard to, respectively, the second readings; the committee’s report stage; and the third readings of the Bills together; and
      (b) the consideration of the Bills separately in the Committee of the Whole.

      Debate ensued.
      Question - put and passed.

6. REVENUE LEGISLATION AMENDMENT BILL 2009 (Serial 43) and PENALTY UNITS BILL 2009 (Serial 44):
      Suspension of Standing Orders - Take two Bills together:
      The Treasurer (Ms Lawrie), pursuant to notice, moved - That so much of the Standing Orders be suspended as would prevent Bills entitled Revenue Legislation Amendment Bill 2009 (Serial 43) and Penalty Units Bill 2009 (Serial 44) -
      (a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings; the committee’s report stage; and the third readings of the Bills together; and
      (b) the consideration of the Bills separately in the Committee of the Whole.
      Debate ensued.
      Question - put and passed.
      The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend legislation administered by the Treasurer and a Bill for an Act to provide for calculating the monetary amount of penalties expressed as penalty units and reviewing the monetary value of penalty units.
      Bills read a first time.
      Ms Lawrie moved - That the Bills be now read a second time.
      Debate ensued.
      Papers tabled: Ms Lawrie laid on the Table the following Papers -
Explanatory Statement, Revenue Legislation Amendment Bill 2009 (Serial 43) and Penalty Units Bill 2009 (Serial 44) (Paper 309).

      On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
7. PAYROLL TAX BILL 2009 (Serial 42):
      The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to provide for the imposition of payroll tax, and for related purposes.
      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, Payroll Tax Bill 2009 (Paper 319).

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

      Visitors: The Speaker advised Members of the presence in the public galleries of Wagaman Primary School Year 2/3 students accompanied by Mrs Donna Kimm, Mrs Joan Motter and Mrs Raylee Parker.
      On behalf of all Members the Speaker extended a warm welcome to the visitors.
      ______________
8. LAND DEVELOPMENT CORPORATION AMENDMENT BILL 2009 (Serial 29):
      The Minister for Business (Dr Burns), pursuant to notice, presented a Bill for an Act to amend the Land Development Corporation Act.
      Bill read a first time.
      Dr Burns moved - That the Bill be now read a second time.
      Debate ensued.
      Debate suspended.
9. APPROPRIATION (2009-2010) BILL 2009 (Serial 41) AND APPROPRIATION (ADDITIONAL FOR 2008-2009) BILL 2009 (Serial 40):
      The Order of the Day having been read for the resumption of debate on the question, the Leader of the Opposition respond to the Budget at 11am pursuant to resolution of 5 May 2009 - That the Bills be now read a second time -
      The Leader of the Opposition (Mr Mills) responded, pursuant to resolution of the Assembly.
10. REARRANGEMENT OF ORDER OF BUSINESS - MOTION AGREED TO:
      The Leader of Government Business (Dr Burns) moved - That intervening business be postponed until after further consideration of the Appropriation (2009-2010) Bill 2009 (Serial 41) and Appropriation (Additional For 2008-2009) Bill 2009 (Serial 40).
      Debate ensued.
      Question - put and passed.
11. APPROPRIATION (2009-2010) BILL 2009 (Serial 41) AND APPROPRIATION (ADDITIONAL FOR 2008-2009) BILL 2009 (Serial 40):
      The Order of the Day having been read for the further consideration of debate on the question - That the Bills be now read a second time -
      Debate resumed.
      Debate suspended.
      _________________

      Suspension of sittings: The sittings of the Assembly was suspended between 11.59am and 2pm.
      _________________
12. QUESTIONS:
      2pm Mr Mills to Mr Henderson.
      2.09pm Ms Walker to Ms Lawrie.
      2.15pm Mr Giles to Ms Anderson.
      2.19pm Mr Gunner to Mr Henderson.
      2.28pm Mr Giles to Ms Anderson referred to Mr Henderson.
      2.39pm Ms Walker to Mr Henderson.
      2.48pm Mr Mills to Mr Vatskalis referred to Ms McCarthy.
      2.53pm Mr Gunner to Ms Anderson.
      2.56pm Mr Styles to Ms McCarthy.
      2.58pm Ms Walker to Mr Hampton.
      3pm Mr Wood to Ms Lawrie.

      The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
13. APPROPRIATION (2009-2010) BILL 2009 (Serial 41) AND APPROPRIATION (ADDITIONAL FOR 2008-2009) BILL 2009 (Serial 40):
      The Order of the Day having been read for the further consideration of debate on the question, suspended earlier this day - That the Bills be now read a second time -
      Debate resumed.
      On the motion of the Minister for Housing (Mr Knight) debate was adjourned.
14. LAND DEVELOPMENT CORPORATION AMENDMENT BILL 2009 (Serial 29):
      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.
      Paper tabled: Dr Burns laid on the Table the following Paper -
Explanatory Statement, Land Development Corporation Amendment Bill 2009 (Paper 320).

      On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
15. FIRST HOME OWNER GRANT AMENDMENT BILL 2009 (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.
      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)

      Bill, by leave, taken as a whole.
      On the motion of the Treasurer (Ms Lawrie) the following amendment was agreed to, after debate -
        CLAUSE 5

        Proposed section 13D(4)

          omit

          subsection (2) or (3)

          substitute

          subsection (1) to (3)

      Bill to be reported with an amendment.
      _____________________
      The Assembly resumed; the Speaker took the Chair; the Deputy Speaker and Chairman of Committees (Ms Walker) reported to the Assembly that the Committee had agreed to the Bill with an amendment.

      The Treasurer (Ms Lawrie) moved - That the Bill be now read a third time.
      Debate ensued.
      Question - put and passed.
      The Bill was read a third time and passed to be a proposed law.
16. MEMBERS’ INTERESTS COMMITTEE, FIRST REPORT OF THE 11th ASSEMBLY - MOTION TO NOTE REPORT AND ADOPT RECOMMENDATIONS:
      The Chairman of the Members' Interests Committee (Dr Burns) laid on the Table the First Report of the Members' Interests Committee relating to the format of Members Statement of Registrable Interests and Procedure for Inspection of Members Register of Interests, dated May 2009 (Paper 321).
      Dr Burns moved - That the Assembly print the Report.
      Question - put and passed.
      Dr Burns moved - That the Report be noted and the recommendations of the Report be adopted.
      Debate ensued.
      Leave granted to the Member for Port Darwin (Mr Elferink) to continue his remarks at a later hour - Debate adjourned.
17. STANDING ORDERS COMMITTEE, SECOND REPORT OF THE 11TH ASSEMBLY -
      The Chairman of the Standing Orders Committee (Dr Burns) laid on the Table the Second Report of the Standing Orders Committee for the 11th Assembly relating to consideration of General Business and revised Standing Orders with Gender Neutral Language, dated May 2009 (Paper 322).
      Dr Burns moved - That the Assembly print the Report.
      Question - put and passed.
      Dr Burns moved - That the Assembly note the Report and the recommendations of the Report be adopted.
      Debate ensued.
      _________________

      Point of Order: A point of order being raised and being upheld by the Speaker - and the Member for Fong Lim having withdrawn his comments and apologized to the Chair, continued to reflect upon the decision of the Chair -

      Suspension of Member: The Speaker thereupon ordered the Member for Fong Lim (Mr Tollner) to withdraw from the Chamber for a period of one hour, pursuant to Standing Order 240A, effective from 6.30pm.
      Accordingly the Member for Fong Lim (Mr Tollner) withdrew from the Chamber.
      ________________

      Debate continued.

      Closure: The Leader of Government Business (Dr Burns) 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, 12 NOES, 8

      Mrs Aagaard Mr Bohlin
      Ms Anderson Mr Chandler
      Dr Burns Mr Elferink
      Mr Gunner Mr Giles
      Mr Hampton Mr Mills
      Mr Henderson Ms Purick
      Mr Knight Mr Styles
      Ms Lawrie Mr Westra van Holthe
      Mr McCarthy
      Ms McCarthy
      Mr Vatskalis
      Ms Walker

      Pairs: The Member for Arafura (Ms Scrymgour) and the Member for Greatorex (Mr Conlan) being paired together for the 28, 29 and 30 April 2009 and 5, 6 and 7 May 2009 sittings.

      Tellers: Mr Gunner and Mr Elferink.

      And so it was resolved in the affirmative.
      Question - That the motion be agreed to - put and passed.
18. ADJOURNMENT:
      The Chief Minister (Mr Henderson) moved - That the Assembly do now adjourn.
      Debate ensued.
      Question - put and passed.
      The Assembly adjourned at 7.44pm until tomorrow at 10am.
      _______________

      PAPERS:
      The following Papers were deemed to have been presented on Wednesday 6 May 2009 -
      Hospital Management Boards
      Gove District Hospital, Interim 2007/2008 (Paper 314)
      Gove District Hospital, Interim 2006/2007 (Paper 313)
      Katherine Hospital, Interim 2007/2008 (Paper 316)
      Katherine Hospital, Interim 2006/2007 (Paper 315)
      Tennant Creek Hospital, Interim 2007/2008 (Paper 318)
      Tennant Creek Hospital, Interim 2006/2007 (Paper 317)

      Coroner’s Act:
      In the matter of Coroner’s Findings and Recommendations into the Death of Mrs Sandra McRae, pursuant to Section 46B, dated 29 April 2009 (Paper 310)

      Ombudsman Act
      Ombudsman for the Northern Territory – Investigation into the Unjustified Use of Restraint and Detention at Royal Darwin Hospital (Interim Report) (Paper 311)
      Ombudsman for the Northern Territory – Investigation into the Unjustified Use of Restraint and Detention at Royal Darwin Hospital (Interim Report) – Volume 2 (Paper 312)
      ______________________
      ATTENDANCE:
      All Members attended the sittings except -
    Mr Conlan and Ms Scrymgour, on leave for the 28, 29 and 30 April 2009 and 5, 6 and 7 May 2009 sittings; and
    Ms Carney on leave for 5, 6 and 7 May 2009.

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