Minutes of Proceedings - 2000-06-15
Eighth Assembly First Session 13/06/2000 Parliamentary Record No. 23
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Date : 15/06/2000__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 h. The Speaker, the Honourable T R McCarthy, took the Chair.
2. PRAYERS.
3. MESSAGE FROM THE ADMINISTRATOR:
4. QUESTIONS:
6. INDONESIAN RELATIONSHIP WITH NORTHERN TERRITORY – MINISTERIAL STATEMENT – STATEMENT NOTED:
APEC statement of the Chair, Darwin, 7 June 2000 (Paper 1908).
8. NTETA ROLE AND DIRECTIONS – MINISTERIAL STATEMENT – STATEMENT NOTED:
9. ENERGY PIPELINES AMENDMENT BILL 2000 (Serial 245); PETROLEUM AMENDMENT BILL (No. 2) 2000 (Serial 246); and WORK HEALTH AMENDMENT BILL (No. 2) 2000 (Serial 247):
10. LEGAL PRACTITIONERS AMENDMENT BILL 2000 (Serial 242):
First Home Owner Grant Bill 2000
In Committee
(Chairman – Mr Mitchell)
First Home Owner Grant Bill 2000 (Serial 229), with amendments;
Pay-roll Tax Amendment Bill 2000 (Serial 235), with amendments;
Stamp Duty Amendment Bill 2000 (Serial 240), without amendment; and
Taxation (Administration) Amendment Bill 2000 (Serial 241), with amendments.
__________________________________________________________________________________
Date : 15/06/2000
1. MEETING:
The Assembly met at 10.00 h. The Speaker, the Honourable T R McCarthy, took the Chair.
2. PRAYERS.
3. MESSAGE FROM THE ADMINISTRATOR:
- The Speaker advised Members that he had received the following Message No. 25 from His Honour the Administrator:
Message No. 25
Appropriation (Adelaide to Darwin Railway) Bill 2000
Appropriation (Adelaide to Darwin Railway) Bill 2000
I, Neil Raymond Conn, the Administrator of the Northern Territory of Australia, in pursuance of section 11 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act to authorise the issue and expenditure of public moneys of the Territory to contribute to the construction of the Adelaide to Darwin railway.
Dated 10th June 2000.
N R Conn
Administrator
(Paper 1900)
4. QUESTIONS:
- 10:01 Ms Martin to Mr Burke.
Paper tabled: The Leader of the Opposition (Ms Martin), by leave, laid on the Table the following Paper –
10:03 Ms Carter to Mr Burke.
10:14 Ms Martin to Mr Lugg.
10:23 Mr Mitchell to Mr Reed.
10:28 Mrs Hickey to Mr Palmer.
10:32 Mr Balch to Mr Dunham.
Paper tabled: The Minister for Health, Family and Children’s Services (Mr Dunham) laid on the Table the following Paper -
10:40 Mr Toyne to Mr Palmer.
10:42 Dr Lim to Mr Adamson.
10:47 Mrs Hickey to Mr Baldwin.
The Leader of Government Business (Mr Palmer) asked that further questions be placed on the Question Paper and the parliamentary broadcast be discontinued.
- Suspension of Standing Orders: The Member for Barkly (Mrs Hickey) moved – That so much of Standing Orders be suspended as would prevent her moving a motion censuring the Ministers for Primary Industry and Fisheries and Lands, Planning and Environment for abandoning their responsibilities concerning a sub lease of crown land at King Ash Bay Fishing Club.
The Leader of Government Business (Mr Palmer) informed the Assembly that the Government would, pursuant to Standing Order 95, accept the motion as a censure motion.
The Member for Barkly (Mrs Hickey) thereupon moved – That this Assembly censure the Ministers for Primary Industry and Fisheries and Lands, Planning and Environment for abandoning their duty of care toward the people of the Northern Territory and particularly the people of the Gulf region by:
(a) failing over a number of years to ensure that adequate and appropriate planning and environmental conditions were in force and monitored at the King Ash Bay Fishing Club;
(b) allowing a sublease off the fishing club crown lease to be provided to a commercial jellyfish harvesting operation in direct contravention of the provisions of crown lease in perpetuity 01476;
(c) failing to heed members of the fishing club and others who have raised legitimate concerns about the operations of –
(i) the fishing club; and
(ii) the jellyfish harvesting project;
(d) completely abrogating their responsibilities to ensure that scientific assessment of the impact of the proposal on the marine environment was carried out; and
(e) for misleading the Assembly and Members of the public in their responses about activities at King Ash Bay.
Debate ensued.
Paper tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following paper –
The Leader of Government Business (Mr Palmer) moved – That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. T R McCarthy, in the Chair) -
AYES, 17 NOES, 6
Mr Adamson Mr Ah Kit
Mr Balch Mr Henderson
Mr Baldwin Mrs Hickey
Mrs Braham Ms Martin
Mr Burke Mr Stirling
Mr Carter Mr Toyne
Mr Dunham
Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr Manzie
Mr Mills
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T R McCarthy, in the Chair) -
AYES, 6 NOES, 18
Mr Ah Kit Mr Adamson
Mr Henderson Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mrs Braham
Mr Stirling Mr Burke
Mr Toyne Mr Carter
Mr Dunham
Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mills
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Motion negatived accordingly.
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Suspension of sitting: The sitting was suspended between 11:51 h and 14:00 h.
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6. INDONESIAN RELATIONSHIP WITH NORTHERN TERRITORY – MINISTERIAL STATEMENT – STATEMENT NOTED:
- The Chief Minister (Mr Burke) made a statement relating to the changes taking place in Indonesia, changes for the better (Paper 1904).
Mr Burke moved – That the Assembly take note of the Statement.
Debate ensued.
Question – put and passed.
- The Minister for Asian Relations and Trade (Mr Manzie) made a statement relating to the APEC Trade Ministers Conference in Darwin (Paper 1906).
Mr Manzie moved – That the Assembly take note of the Statement.
Debate ensued.
Papers tabled: The Minister for Asian Relations and Trade (Mr Manzie) laid on the Table the following Paper –
APEC statement of the Chair, Darwin, 7 June 2000 (Paper 1908).
Debate continued.
Question – put and passed.
8. NTETA ROLE AND DIRECTIONS – MINISTERIAL STATEMENT – STATEMENT NOTED:
- The Minister for Tertiary Education and Training (Mr Lugg) made a statement relating to the role and directions of the Northern Territory’s Education and Training facility (Paper 1906).
Mr Lugg moved – That the Assembly take note of the Statement.
Debate ensued.
Paper tabled: The Minister for Housing (Mrs Braham) laid on the Table the following Paper –
Debate continued.
Question – put and passed.
9. ENERGY PIPELINES AMENDMENT BILL 2000 (Serial 245); PETROLEUM AMENDMENT BILL (No. 2) 2000 (Serial 246); and WORK HEALTH AMENDMENT BILL (No. 2) 2000 (Serial 247):
- Suspension of Standing Orders: The Minister for Resource Development (Mr Manzie) moved – That so much of Standing Orders be suspended as would prevent the Energy Pipelines Amendment Bill 2000 (Serial 245); Petroleum Amendment Bill (No. 2) 2000 (Serial 246); and Work Health Amendment Bill (No. 2) (Serial 247) -
(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.
Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Manzie, pursuant to notice, presented a Bill for an Act to amend the Energy Pipelines Act; a Bill for an Act the Petroleum Act; and a Bill for an Act to amend the Work Health Act.
Mr Manzie moved – That the Bills be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
10. LEGAL PRACTITIONERS AMENDMENT BILL 2000 (Serial 242):
- 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 ensued.
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
(Chairman – Mr Mitchell)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of Mr Burke the following amendment was agreed to –
Insert in the definition of 'local regulatory authority' in paragraph (j) 'Fidelity Fund Committee,' after 'Committee,'.
Clause, as amended, agreed to.
Clauses 5 to 19, by leave, taken together and agreed to.
Clause 20 read.
On the motion of Mr Burke the following amendment was agreed to –
Insert before proposed subsection(2)(a)(i) the following:
- '(ia) the Chief Justice and the President of the Northern Territory Bar Association;'.
On the motion of Mr Burke the following further amendment was agreed to -
Insert after proposed subsection (2) the following:
- ' "(2A) The professional conduct rules may incorporate or adopt by reference (with any necessary changes) rules, provisions, a code or other document relating to the professional conduct of legal practitioners.'.
On the motion of Mr Burke the following further amendment was agreed to -
Add at the end the following:
- ' "(7) To avoid doubt, nothing in this section affects the power that the Law Society or other professional body may otherwise have to make rules or issue directions or guidelines relating to the professional conduct of legal practitioners.".'.
Clause, as amended, agreed to.
Clauses 21 to 25, by leave, taken together and agreed to.
New clause –
On the motion of Mr Burke the following new clause was inserted in the Bill -
Insert after clause 25 the following:
- '25A. Compensation for pecuniary loss due to defalcation
- 'Section 91 of the Principal Act is amended by adding at the end the following:
- "(3) In this section, 'pecuniary loss' includes any of the following:
- (a) pecuniary loss that occurs wholly in the Territory arising out of a defalcation committed by a local legal practitioner or an interstate legal practitioner in the course of practising in the Territory or in a State or another Territory of the Commonwealth;
(b) pecuniary loss that occurs in the Territory and in a participating State arising out of a defalcation committed by a local legal practitioner in the course of practising in the Territory or in a State or another Territory of the Commonwealth;
(c) pecuniary loss that occurs in the Territory and in a participating State arising out of a defalcation committed by an interstate legal practitioner in the course of practising in the Territory;
(d) pecuniary loss that occurs in the Territory or in a participating State (or in both) when it cannot be determined precisely where the loss occurred, arising out of a defalcation committed by a local legal practitioner in the course of practising in the Territory or in a State or another Territory of the Commonwealth;
(e) pecuniary loss that occurs in the Territory or in a participating State (or in both) when it cannot be determined precisely where the loss occurred, arising out of a defalcation by an interstate legal practitioner in the course of practising in the Territory;
(f) pecuniary loss arising out of a defalcation to which an agreement or an arrangement under section 134X relates;
(g) pecuniary loss that occurs wholly in the Territory arising out of a defalcation committed by a locally registered foreign lawyer (whether or not in the Territory) in the course of practising in the Territory.
- 'interstate legal practitioner' has the same meaning as in paragraph (b) of the definition of 'legal practitioner' in section 85(1);
'local legal practitioner' has the same meaning as in paragraph (a) of the definition of 'legal practitioner' in section 85(1).".'.
Clauses 26 to 28, by leave, taken together and agreed to.
Clause 29 read.
On the motion of Mr Burke the following amendment was agreed to –
Omit 'legal practitioner, local legal practitioner or' and substitute 'local legal practitioner or an'.
Clause, as amended, agreed to.
Clause 30 agreed to.
Clause 31 read.
On the motion of Mr Burke the following amendment was agreed to -
Add at the end of proposed section 134X(c) 'and matters relating to claims for compensation by persons who suffer pecuniary loss arising out of the defalcation of trust moneys'.
Clause, as amended, agreed to.
Clauses 32 to 39, by leave, taken together and agreed to.
Schedule 1 read.
On the motion of Mr Burke the following amendment was agreed to -
Omit 'Section 8(4)' and substitute 'Section 8(2)(a) and (4)'.
On the motion of Mr Burke the following further amendment was agreed to -
Omit the item relating to sections 10(2), 14A(2), 16 and 23(a)(i) and substitute the following:
| 'Section 10(2) | "he" | "he or she" |
| Section 13 | "Commonwealth," | "Commonwealth or the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth," |
| Sections 14A(2), 16 and 23(a)(i) | "he" | "he or she" '. |
On the motion of Mr Burke the following further amendment was agreed to –
Omit the item relating to section 50(4)(b), and substitute the following:
| 'Section 50(4)(b) | "that former legal practitioner was, while he" | "the former legal practitioner was, while he or she" '. |
On the motion of Mr ‘Burke the following further amendment was agreed to –
Insert after the item relating to section 83(2)(b) the following:
'Section 86(1B)"is""it" '.
Schedule, as amended, agreed to.
Remainder of the Bill taken as a whole, by leave, and agreed to.
Bill to be reported with amendments.
The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Mitchell) reported that the Committee had considered the Bill and agreed to the same with amendments.
On the motion of the Chief Minister (Mr Burke) 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 Bills be now read a second time –
Debate ensued.
Interest of Member: The Member for Macdonnell (Mr Elferink) advised the Assembly that he had a vested interest in the subject of one of the Bills currently under discussion and would not be participating in debate.Debate continued.The Leader of Government Business (Mr Palmer) moved – That so much of Standing Orders be suspended as would prevent a message from the Administrator recommending an appropriation in respect of the First Home Owner Grant Bill 2000 (Serial 229) being announced forthwith.
The Speaker advised Members that he had received the following Message No. 26 from His Honour the Administrator:
Message No. 26
First Home Owner Grant Bill 2000
- I, Neil Raymond Conn, the Administrator of the Northern Territory of Australia, in pursuance of section 11 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act, which in part, establishes a scheme for the payment of a grant to offset the impact of the introduction of the GST on the price of a home for first home owners.
Dated 10th June 2000.
N R Conn
Administrator
(Paper 1909)
Debate continued.
Question- put and passed.
Bills read a second time.
The Member for Nightcliff (Mr Hatton), by leave, withdrew the circulated Schedule of amendments No. 76 standing in his name relating to the Pay-Roll Tax Amendment Bill 2000 (Serial 235).
The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
In Committee
(Chairman – Mr Mitchell)
Bills, by leave, taken as a whole.
Suspension of Standing Orders: The Leader of Government Business (Mr Palmer) moved – That so much of Standing Orders be suspended as would prevent schedules of amendments Nos. 66, 69,72 and 67 circulated and standing in the name of Mr Reed being taken together and one question being put on the question – That the amendments be agreed to.
Question - put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.Question – That the amendments contained in Schedules numbered 66, 69, 72 and 67 be agreed to – put and passed.
The amendments to the Bills are as follows:
Financial Relations Agreement (Consequential Provisions) Bill(Serial 228):
In clause 43 Insert after subclause (1) the following:
'(1A) Where GST is payable in relation to a supply to which a fee or charge imposed by or under an Act relates, the amount of GST payable is recoverable by the Territory from the person liable to pay the fee or charge.';
In clause 43 omit from subclause (2) 'its' and substitute 'their';
In clause 43 omit from subclause (2) 'subsection (1) yields' and substitute 'subsections (1) and (1A) yield'; and
In clause 43 omit from subclause (3) 'subsection (1)' and substitute 'subsections (1) and (1A)'.
In clause 44 insert in proposed subsection (6) 'subject to subsection (6A),' after 'section,';
In clause 44 insert after proposed subsection (6) the following:
- ' "(6A) Where an amount or value that affects the calculation referred to in subsection (6) is directly attributable to an acquisition that relates to a supply that is input taxed, the amount or value is to be taken to be the amount or value inclusive of the amount of GST (if any) payable in relation to the acquisition to which that amount or value relates.';
In clause 44 omit from proposed subsection (7) "subsection (6), 'GST' and 'supply' " and substitute "subsections (6) and (6A), 'acquisition', 'GST', 'input taxed' and 'supply' ";
In clause 44 insert in proposed subsection (9) 'subject to subsection (9A),' after 'section,';
In clause 44 insert after proposed subsection (9) the following:
- ' "(9A) Where an amount or value that affects the calculation or recalculation referred to in subsection (9) is directly attributable to an acquisition that relates to a supply that is input taxed, the amount or value is to be taken to be the amount or value inclusive of the amount of GST (if any) payable in relation to the acquisition to which that amount or value relates.'; and
In clause 44 omit from proposed subsection (10) "subsection (9), 'GST' and 'supply' " and substitute "subsections (9) and (9A), 'acquisition', 'GST', 'input taxed' and 'supply' ".
In clause 45 insert in proposed subsection (1) 'subject to subsection (1A),' after 'Agreement,';
In clause 45 insert after proposed subsection (1) the following:
- ' "(1A) Where an amount or value that affects the calculation or recalculation referred to in subsection (1) is directly attributable to an acquisition that relates to a supply that is input taxed, the amount or value is to be taken to be the amount or value inclusive of the amount of GST (if any) payable in relation to the acquisition to which that amount or value relates.';
In clause 45 omit from proposed subsection (2) 'subsection (1)' and substitute 'subsections (1) and (1A)'; and
In clause 45 omit from proposed subsection (3) "subsection (1), 'GST' and 'supply' " and substitute "subsections (1) and (1A), 'acquisition', 'GST', 'input taxed' and 'supply' ".
In clause 46 insert in proposed subsection (1) 'subject to subsection (1A),' after 'Agreement,';
In clause 46 insert after proposed subsection (1) the following:
- ' "(1A) Where an amount or value that affects the calculation or recalculation referred to in subsection (1) is directly attributable to an acquisition that relates to a supply that is input taxed, the amount or value is to be taken to be the amount or value inclusive of the amount of GST (if any) payable in relation to the acquisition to which that amount or value relates.';
In clause 46 omit from proposed subsection (2) 'subsection (1)' and substitute 'subsections (1) and (1A)'; and
In clause 46 omit from proposed subsection (3) "subsection (1), 'GST' and 'supply' " and substitute "subsections (1) and (1A), 'acquisition', 'GST', 'input taxed' and 'supply' ".
In clause 47 insert in proposed subsection (1) 'subject to subsection (1A),' after 'Agreement,';
In clause 47 insert after proposed subsection (1) the following:
- ' "(1A) Where an amount or value that affects the calculation or recalculation referred to in subsection (1) is directly attributable to an acquisition that relates to a supply that is input taxed, the amount or value is to be taken to be the amount or value inclusive of the amount of GST (if any) payable in relation to the acquisition to which that amount or value relates.';
In clause 47 omit from proposed subsection (3) "subsection (1), 'GST' and 'supply' " and substitute "subsections (1) and (1A), 'acquisition', 'GST', 'input taxed' and 'supply' ".
In clause 48 insert in proposed subsection (7) 'subject to subsection (7A),' after 'section,';
In clause 48 insert after proposed subsection (7) the following:
- ' "(7A) Where an amount or value that affects the calculation referred to in subsection (7) is directly attributable to an acquisition that relates to a supply that is input taxed, the amount or value is to be taken to be the amount or value inclusive of the amount of GST (if any) payable in relation to the acquisition to which that amount or value relates.'; and
In clause 48 omit from proposed subsection (8) "subsection (7), 'GST' and 'supply' " and substitute "subsections (7) and (7A), 'acquisition', 'GST', 'input taxed' and 'supply' ".
First home Owner Grant Bill 2000 (Serial 229):
In Clause 3, omit the definition of "permanent resident" and substitute the following:
- ' "permanent resident" means –
(a) the holder of a permanent visa within the meaning of section 30 of the Migration Act 1958 of the Commonwealth; or
(b) a New Zealand citizen who holds a special category visa within the meaning of section 32 of the Migration Act 1958 of the Commonwealth;'.
Clause 15 negatived.
Insert after clause 14 the following:
'15. Service before commencement of Act
- 'For the purposes of section 6(2) of the Principal Act, as inserted by this Act, it does not matter whether the period of 6 months referred to in that subsection began before the commencement of this Act.'.
Stamp Duty Amendment Bill 2000 (Serial 240):
Bill as printed agreed to.
Taxation (Administration) Amendment Bill 2000 (Serial 241):
In clause 23 insert after proposed section 55(2) the following:
- ' "(2A) Where rent consists of unascertainable rent only, duty is payable on the estimate by the Commissioner under subsection (2) of the unascertainable rent.';
In clause 23 Omit from proposed section 55AA(1)(b) 'or decreased';
In clause 23 Omit from proposed section 55AA(1) 'or decrease'; and
In clause 23 Omit from proposed section 55AA(1) 'the Consumer Price Index' and substitute 'the annual percentage increase in the Consumer Price Index'.
In clause 24 omit 'section 22' and substitute 'sections 22 and 23'.
Insert after clause 28, new clause 28A as follows –
- '28A. New section
- 'The Principal Act is amended by inserting after section 75 the following:
' "75AA. No duty payable on final payment under hire-purchase agreement
- ' "Duty is not payable on the amount of a payment under a hire-purchase agreement if title to the goods passes to the user as a consequence of the payment.".'.
Bills, as amended, agreed to.
Bills to be reported with amendments, except the Stamp Duty Amendment Bill 2000 (Serial 240) – without amendemnt.
The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Mitchell) reported that the Committee had considered the Bills and agreed to the -
First Home Owner Grant Bill 2000 (Serial 229), with amendments;
Pay-roll Tax Amendment Bill 2000 (Serial 235), with amendments;
Stamp Duty Amendment Bill 2000 (Serial 240), without amendment; and
Taxation (Administration) Amendment Bill 2000 (Serial 241), with amendments.
On the motion of the Treasurer (Mr Reed) the Bills were read a third time and passed to be proposed laws.
- The Treasurer (Mr Reed) presented a Bill for an Act to authorise the issue and expenditure of public moneys of the Territory to contribute to the construction of the Adelaide to Darwin Railway, the subject of His Honour the Administrator’s Message No. 25 recommending to the Legislative Assembly a Bill for an Act to authorise the issue and expenditure of public moneys of the Territory to contribute to the construction of the Adelaide to Darwin railway.
Mr Reed moved – That the Bill be now read a second time.
On the motion of the Member for Fannie Bay (Ms Martin) debate was adjourned.
- The Order of the Day having been read for the resumption of the debate on the question – That the Bill be now read a second time –
Debate ensued. Interest of Member: The Member for Macdonnell (Mr Elferink) advised the Assembly that he had a vested interest in the subject of one of Bills currently under discussion and would not be participating in debate.Debate continued.
Question – put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
In Committee
(Chairman – Mr Mitchell)
(Chairman – Mr Mitchell)
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of Mr Baldwin the following amendment was agreed to –
Omit paragraph (b) and substitute the following:
- '(b) by omitting the definition of "P.A.Y.E. taxpayer" in subsection (1) and substituting the following:
" 'PAYG provisions' means the provisions of Division 12 of Schedule 1 to the Taxation Administration Act 1953 of the Commonwealth;" '.
On the motion of Mr Baldwin the following further amendment was agreed to –
Omit from paragraph (e) 'and is employed or engaged for a continuous period of not more than 5 days' and substitute 'and in respect of whom the employer does not make any withholding payments under the PAYG provisions'.
On the motion of Mr Baldwin the following further amendment was agreed to –
Omit paragraph (h) and substitute the following:
- '(h) by omitting from subsection (4) "is employed by another person as a P.A.Y.E. taxpayer" and substituting "is a worker" '.
On the motion of Mr Baldwin the following further amendment was agreed to –
Insert in paragraph (j) after proposed subsection (5) the following:
- ' "(6) A person is a worker for the purposes of this Act, despite that he or she has notified in writing the person for whom he or she performs work or a service of a number that is, or purports to be, the ABN of the person, if the person and the person for whom he or she performs work or a service agree in writing that the ABN no longer applies to the work or service performed by the person.
- "(6A) If a person has notified in writing a person for whom he or she performs work or a service of a number that is, or purports to be, the ABN of that person, the person is not a worker for the purposes of this Act in respect of any subsequent work or service performed for that other person unless the person and the person for whom he or she performs the work or service agree in writing that the ABN no longer applies to the work or service performed by the person.'.
Clause 3, as amended, agreed to.
New clause –
On the motion of Mr Baldwin the following new clause was inserted in the Bill –
Insert after clause 3 the following:
- '4. Transitional
- (1) If immediately before the commencement of this Act a person was not a worker of person for whom he or she was performing work or a service because he or she was not a P.A.Y.E taxpayer, the person is not to be taken to be a worker of that person for the purposes of the Principal Act in respect of any work or service performed for that person after that commencement despite that the person does not notify the person in writing of a number that is, or purports to be, the ABN of the person for the purposes of the work or service.
(2) If a person is performing work or a service for another person and the person notifies that other person in writing that he or she has applied for an ABN, the person is to be taken for the purposes of the Principal Act to have given the other person a number that is, or purports to be, the ABN of that person for the purposes of the work or service.
(3) Subsection (1) ceases to apply on 1 August 2000.
(4) Subsection (2) ceases to apply on 1 September 2000.
(5) In this section, "Principal Act" means the Work Health Act as amended by this Act.'.
Remainder of Bill taken as a whole, by leave, and agreed to.
Bill to be reported with amendments.The Assembly resumed; the Speaker (Mr McCarthy) resumed the Chair; and the Chairman (Mr Mitchell) reported that the Committee had considered the Bill and agreed to the same with amendments.
On the motion of the Minister for lands, Planning and Environment (Mr Baldwin) the Bill was read a third time and passed to be a proposed law.
- The Minister for Lands, Planning and Environment (Mr Baldwin) moved – That the Assembly do now adjourn.
Debate ensued
Question – put and passed.
And the Assembly adjourned at 20:38 h until 10:00 h on Tuesday 20 June 2000.
- ATTENDANCE:
All Members attended the sitting, except Mr Rioli on leave.
Last updated: 04 Aug 2016