Minutes of Proceedings - 2010-08-11
- 1. MEETING:
- The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. VISITORS:
- The Speaker advised Members of the presence in the public gallery of Minyerri Community School, Year 7 students accompanied by Mrs Petrina Doyle, Mr Grant Allgood, Miss Isobelle Hume and Mrs Melva Hodgson.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
- The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Personal Injuries (Liabilities and Damages) Act.
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 –
On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
- Suspension of Standing Orders – Pass Bill through all stages: The Minister for Children and Families (Mr Vatskalis) moved - That so much of the Standing Orders be suspended as would prevent a Bill entitled Youth Justice Amendment Bill 2010 (Serial 120) passing through all stages on the 19 August 2010.
Question – put and passed.
- The Minister for Natural Resources, Environment and Heritage (Mr Hampton), pursuant to notice, presented a Bill for an Act to amend the Territory Parks and Wildlife Conservation Act and Territory Parks and Wildlife Conservation Regulations.
Bill read a first time.
Mr Hampton moved – That the Bill be now read a second time.
Debate ensued.
Paper tabled: Mr Hampton laid on the Table the following Paper –
On the motion of the Member for Brennan (Mr Chandler) debate was adjourned.
- The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second a 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 Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
- The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second a 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 - Ms Walker in the Chair)
In Committee
(Chair of Committees and Deputy Speaker - Ms Walker in the Chair)
Clauses 1 to 31, by leave, taken together and agreed to.
Clause 32 to 84, by leave, taken together.
Debate ensued.
Mr Giles, by leave, moved the following amendments together as follows:-
Clause 32(2), penalty provision -
- omit, insert
Maximum penalty: 80 penalty units.
- Clause 33 -
- Clause 33(2), penalty provision
omit, insert
Maximum penalty: 80 penalty units.
- Clause 34 -
- Clause 34(3), penalty provision
omit, insert
Maximum penalty: 80 penalty units.
- Clause 35 -
- Clause 35(5), penalty provision
omit, insert
Maximum penalty: 80 penalty units.
- Clause 40 -
- Clause 40(3), penalty provision
omit, insert
Maximum penalty: 80 penalty units.
- Clause 41 -
- Clause 41(5), penalty provision
omit, insert
Maximum penalty: 80 penalty units.
- Clause 44 -
- Clause 44(2), penalty provision
omit, insert
Maximum penalty: 80 penalty units.
- Clause 45 -
- Clause 45(2), penalty provision
omit, insert
Maximum penalty: 80 penalty units.
- Clause 46 -
- Clause 46(2), penalty provision
omit, insert
Maximum penalty: 80 penalty units.
- Clause 47 -
- Clause 47(2), penalty provision
omit, insert
Maximum penalty: 80 penalty units.
- Clause 50 -
- Clause 50(3), penalty provision
omit, insert
Maximum penalty: 80 penalty units.
- Clause 51 -
- Clause 51(5), penalty provision
omit, insert
Maximum penalty: 80 penalty units.
- Clause 57 -
- Clause 57(4), penalty provision
omit, insert
Maximum penalty: 80 penalty units.
- Clause 58 -
- Clause 58(3), penalty provision
omit, insert
Maximum penalty: 80 penalty units.
- Clause 59 -
- Clause 59(3), penalty provision
omit, insert
Maximum penalty: 80 penalty units.
- Clause 79 -
- Clause 79(1), penalty provision
omit, insert
Maximum penalty: 80 penalty units or imprisonment for 6 months.
Debate ensued.
Amendments negatived.
Clauses 32 to 84 agreed to.
Clause 85 read.
Mr Giles moved the following amendment –
After clause 85(2) -
- insert
- (3) A person commits an offence if the person:
- (a) is involved in the transport of dangerous goods by road or rail; and
(b) fails to comply with this Act.
Fault elements:
The person:
(a) intentionally engages in conduct constituting involvement in the transport of dangerous goods by road or rail; and
(b) is reckless as to whether the conduct would result in:
- (i) the failure to comply with this Act; and
(ii) endangering the safety of people, property or the environment.
Debate suspended.
__________________
Suspension of sitting: The sittings of the Assembly was suspended between 12.02pm and 2pm.
__________________
- The following Notices were given:
Ms Lawrie: To present the Oaths, Affidavits and Declarations Bill 2010 (Serial 118).
Ms Lawrie: To present the Oaths, Affidavits and Declarations (Consequential Amendments) Bill 2010 (Serial 119).
Ms Lawrie: To move – That so much of the Standing Orders be suspended as would prevent Bills entitled - Oaths, Affidavits and Declarations Bill 2010 (Serial 118) and Oaths, Affidavits and Declarations (Consequential Amendments) Bill 2010 (Serial 119) -
- (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.
10. QUESTIONS:
- 2.10pm Mr Mills to Mr Henderson.
2.03pm Ms Walker to Mr Henderson.
2.06pm Ms Purick to Mr Henderson.
Visitor: The Speaker advised Members of the presence in the public gallery of Professor Dean Jaensch from Flinders University.
On behalf of all Members the Speaker extended a warm welcome to the visitor.
2.10pm Mr Gunner to Dr Burns.
Distinguished visitor: The speaker advised Members of the presence in the public gallery of the Honourable Robert Hill, former Senator for South Australia from 1980 to 2006.
On behalf of all Members the Speaker extended a warm welcome to the distinguished visitor.
2.14pm Ms Purick to Mr Henderson.
2.16pm Ms Anderson to Dr Burns.
2.17pm Ms Scrymgour to Mr McCarthy.
2.20pm Ms Purick to Mr Henderson.
2.24pm Ms Walker to Mr Henderson.
2.27pm Mr Wood to Dr Burns.
2.29pm Ms Purick to Mr Henderson.
2.32pm Ms Scrymgour to Mr Hampton.
2.36pm Mr Westra van Holthe to Mr Henderson.
2.40pm Mr Wood to Mr McCarthy.
2.42pm Mr Gunner to Ms Lawrie.
2.45pm Mr Westra van Holthe to Mr Henderson.
2.49pm Ms Walker to Dr Burns.
2.52pm Mr Elferink to Mr Henderson.
______________________
Members suspended from the Assembly:
And the Member for Fong Lim continuing to interject after having been warned on several occasions by the Speaker –
The Speaker, pursuant to Standing Order 240A, ordered the Member for Fong Lim to withdraw from the Assembly.
The Member for Fong Lim (Mr Tollner) not removing himself from the Chamber –
And the Member for Port Darwin (Mr Elferink) continuing to interject was also ordered, pursuant to Standing Order 240A, by the Speaker to remove himself form the Chamber.
The Member for Port Darwin (Mr Elferink) not removing himself –
The Speaker, pursuant to Standing Order 240A (2) named the Members.
The Leader of Government Business (Dr Burns) moved – That Both the Members for Port Darwin and Fong Lim be suspended from the service of the Assembly.
Question – put and passed.
And at 2.58pm the Members for Port Darwin and Fong Lim thereupon removed themselves from the Assembly, pursuant to Standing Order 241, and stand suspended for 24 hours.
____________________
Mr Henderson continued to answer the question directed to him by Mr Elferink.
2.59pm Ms Scrymgour to Mr Vatskalis.
3.01pm Mr Wood to Mr Hampton.
Answer to Question: The Minister for Education (Dr Burns) provided an answer to the Member for Macdonnell (Ms Anderson) re teachers unsuitable for further employment.
The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
11. TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL (NATIONAL UNIFORM LEGISLATION) BILL 2010 (Serial 110):
- The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the further consideration of the Bill in Committee of the Whole.
___________________________
In Committee
(Deputy Speaker and Chair of Committees – Ms Walker in the Chair)
In Committee
(Deputy Speaker and Chair of Committees – Ms Walker in the Chair)
Further consideration of Clause 85 and the following amendment moved by Mr Giles -
- After clause 85(2)
- insert
- (3) A person commits an offence if the person:
- (a) is involved in the transport of dangerous goods by road or rail; and
(b) fails to comply with this Act.
Fault elements:
The person:
(a) intentionally engages in conduct constituting involvement in the transport of dangerous goods by road or rail; and
(b) is reckless as to whether the conduct would result in:
- (i) the failure to comply with this Act; and
(ii) endangering the safety of people, property or the environment.
Debate ensued.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -
AYES, 8 NOES, 12
Ms Carney Mrs Aagaard
Mr Chandler Dr Burns
Mr Conlan Mr Gunner
Mr Giles Mr Hampton
Mr Mills Mr Henderson
Ms Purick Mr Knight
Mr Styles Ms Lawrie
Mr Westra van Holthe Ms McCarthy
Mr McCarthy
Ms Scrymgour
Mr Vatskalis
Ms Walker
Amendment negatived accordingly.
Amendments negatived.
Clause 85 as printed, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
______________________
The Assembly resumed; the Speaker (Mrs Aagaard) took the Chair; the Chair of Committees and Deputy Speaker (Ms Walker) reported that the Committee had agreed to the Bill, as printed.
Report adopted.
On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
- The Minister for Education and Training (Dr Burns) made a statement relating to school education facilities across the Territory.
Dr Burns moved – That the Assembly take note of the Statement.
Paper tabled: Dr Burns laid on the Table the following Paper –
Debate ensued.
Quorum: The Member for Brennan (Mr Chandler) drew the attention of the Assembly to the state of the House.
And the Bells having been rung -
A Quorum having been obtained.
The Assembly resumed.
Debate continued.
Quorum: The Member for Braitling (Mr Giles) drew the attention of the Assembly to the state of the House.
And the Bells having been rung -
A Quorum having been obtained.
The Assembly resumed.
Debate continued.
Extension of time: On the motion of the Member for Barkly (Mr McCarthy) the Member for Daly (Mr Knight) was granted and extension of time, pursuant to Standing Order 77.
Debate continued.
Quorum: The Member for Braitling (Mr Giles) drew the attention of the Assembly to the state of the House.
And the Bells having been rung -
A Quorum having been obtained.
The Assembly resumed.
Debate continued.
Debate suspended at 5.30pm, pursuant to Standing Order 41A(v).
- The Member for Araluen (Ms Carney), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
Bill read a first time.
Ms Carney moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) debate was adjourned.
- The Leader of the Opposition (Mr Mills), pursuant to notice, moved - That the Legislative Assembly -
(a) call on the Northern Territory government to immediately establish a government anti-corruption taskforce as a discrete unit with the Northern Territory Police Force;
(b) establish this group to be an interim measure while the process of developing legislation and allocating annual funding for a more permanent independent corruption authority be completed; and
(c) provide the task force with the powers to investigate any and all suggestions of government or political corruption within the Northern Territory.
Debate ensued.
Question – put and negatived.
- The Member for Brennan (Mr Chandler), pursuant to notice, presented a Bill for an Act to amend the Inquiries Act.
Bill read a first time.
Mr Chandler moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Leader of Government Business (Dr Burns) debate was adjourned.
16. HOUSING ON RAAF BASE – MOTION, AS AMENDED AGREED TO:
- The Leader of the Opposition (Mr Mills) moved – That,
1. The Territory Parliament indicate its support for the Coalition’s plan to save nearly 400 homes at RAAF Base Darwin;
2. Federal Labor’s intention to bulldoze 400 perfectly good homes was tantamount to economic vandalism in the middle of a housing crisis;
3. The failure of the Henderson Government to act to save these houses is symptomatic of this inept, inadequate, dysfunctional Government; and
4. In the event of a Coalition Government being elected on the 21st of August, homeless families be given priority in the allocation of the houses that will be turned over to Territory Housing.
Debate ensued.
The Member for Nelson (Mr Wood ) moved the following amendment –
Omit all words after “That’ and insert in their stead:-
- “the Territory parliament indicate its support to save nearly 400 homes at RAAF Base Darwin”.
Debate continued.
Amendment agreed to.
Motion, as amended, agreed to.
- 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 negatived.
18. CARE AND PROTECTION OF CHILDREN (INVESTIGATIVE POWERS) BILL 2009 (Serial 85) - NEGATIVED:
- 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 negatived.
- 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 at 9pm, pursuant to Standing Order 41A(v).
- The Speaker, pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: Ms Walker, by leave, laid on the Table the following Paper –
Debate continued.
Question - put and passed.
The Assembly adjourned at 9.39 pm until tomorrow at 10am.
________________
PAPERS:
There were no Papers deemed to have been presented on Wednesday 11 August 2010.
________________
ATTENDANCE:
All Members attended the sittings except Mr Bohlin, on leave.
Last updated: 04 Aug 2016